Cirba Inc. (d/b/a Densify) v. VMware, Inc.

1:19-cv-00742 | Delaware District Court

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Division Wilmington
Judge Judge Gregory B. Williams
Filed April 25, 2019
Terminated June 20, 2024
Case Flags CLOSED, LEAD, Multi-Media Docs, and PATENT
Nature of Suit 830 Patent
Cause 35:1 Patent Infringement
Jury Demand Plaintiff
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Filing Date # Docket Text
4/11/2025Letter
7/24/2024MANDATE (Order) of USCA as to 1698 Notice of Appeal (Federal Circuit) filed by Cirba Inc. (d/b/a Densify). USCA Decision: DISMISSED. (lnb) (Entered: 07/24/2024)
6/20/2024Report to the Commissioner of Patents and Trademarks.(lnb) (Entered: 06/20/2024)
6/20/2024SO ORDERED, re 1867 Stipulation of Dismissal filed by Cirba Inc. (d/b/a Densify), Cirba Inc., Cirba IP, Inc., ***Civil Case Terminated. Signed by Judge Gregory B. Williams on 6/20/2024. (lnb) (Entered: 06/20/2024)
6/18/2024STIPULATION of Dismissal by Cirba IP, Inc., Cirba Inc., Cirba Inc. (d/b/a Densify). (Piergiovanni, Rosemary) (Entered: 06/18/2024)
6/14/2024SO ORDERED, re 1865 Stipulation and order to extend stay filed by Cirba Inc. (d/b/a Densify). Signed by Judge Gregory B. Williams on 6/14/24. (jaa) (Entered: 06/14/2024)
6/13/2024NOTICE requesting Clerk to remove Shaun P. deLacy as co-counsel.. (Vrana, Robert) (Entered: 06/13/2024)
6/13/2024 STIPULATION to Extend Stay by Cirba Inc. (d/b/a Densify). (Piergiovanni, Rosemary) (Entered: 06/13/2024)
5/14/2024SO ORDERED, re 1864 Stipulation and Order to Stay filed by Cirba Inc. (d/b/a Densify) -- Case Stayed. Signed by Judge Gregory B. Williams on 5/13/2024. (lnb) (Entered: 05/14/2024)
5/10/2024 STIPULATION and Proposed Order to Stay by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 05/10/2024)
3/18/2024 NOTICE of USPTO's Issuance of Reexamination Certificate Regarding U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 03/18/2024)
3/4/2024NOTICE requesting Clerk to remove Michael A. Jacobs as co-counsel.. (Vrana, Robert) (Entered: 03/04/2024)
1/5/2024NOTICE requesting Clerk to remove Fahd H. Patel as co-counsel.. (Vrana, Robert) (Entered: 01/05/2024)
12/22/2023 NOTICE of USPTO's Intent to Issue Reexamination Certificate Regarding U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 12/22/2023)
12/21/2023 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Broadcom, Inc. for VMware LLC filed by VMware LLC. (Vrana, Robert) (Entered: 12/21/2023)
12/21/2023 NOTICE of Name Change from VMware, Inc. to VMware LLC by VMware LLC (Vrana, Robert) (Entered: 12/21/2023)
10/25/20231857ORAL ORDER: Having reviewed the Joint Status Report, D.I. 1856, filed by the parties on October 23, 2023, the Court DENIES Defendant VMWare's request to stay. This Court considers three factors when determining whether a stay is appropriate: (1) whether discovery is complete and a trial date has been set, (2) whether a stay will simplify the issues for trial, and (3) whether a stay would unduly prejudice or present a clear tactical disadvantage to the non-moving party. See Landis v. North American Co., 299 U.S. 248, 25455, 57 (1936). Here, each of the three factors weigh against staying the proceedings. First, this case has been tried to a verdict and is in the post-trial stage of proceedings. D.I. 1856 at 5. While VMWare rightfully notes that the PTO issued a Final Office Action rejecting both asserted claims of the '687 Patent, "a lengthy administrative process must still ensue before patent reexamination proceedings are finalized." Apple, Inc. v. Samsung Electronics Co Ltd, 11-CV-01846-LHK, D.I. 2831, at 6 (N.D. Cal., Nov. 25, 2013). "37 C.F.R. §§ 41.31-41.54 reveals that the PTAB appeal process may be quite lengthy, as time is allotted for noticing the appeal, filing an appeal brief, issuance of the examiner's answer, filing a reply brief to the examiner's answer, and a decision by the PTAB. There is also the potential for an oral hearing, a rehearing, and withdrawal of the final rejection by the examiner in order to reopen prosecution." Id. at 6 n. 6. This process could delay resolution of this case by years. Id. Therefore, the stage of the case weighs heavily against granting a stay. Second, "[a]s this case has already been tried to a verdict, a stay [pending patent reexamination] will not simplify the issues at trial." Orion IP, LLC v. Mercedes-Benz USA, LLC, No. 6:05 CV 322, 2008 WL 5378040, at *8 (E.D. Tex. Dec. 22, 2008). If the Court issues a final judgment, on the other hand, the final judgement could be immediately appealed to the Federal Circuit, and "[t]he validity of the ['687] patent will reach a faster resolution." Apple, 11-CV-01846-LHK, at 8. Finally, the Court finds that Cirba, as the non-moving party, would be unduly prejudiced by a stay. This matter was filed in 2019 and was tried before this Court four years later. Cirba has invested significant resources and ultimately secured a verdict in which the jury found VMWare liable for infringement. The prejudice that would result from staying this case and delaying Cirba's ability to realize the awarded damages outweighs any possible prejudice that could result to VMWare if the PTO and the Federal Circuit uphold the PTAB's Final Action. Thus, the third factor weighs heavily against a stay, and the Court denies Defendant VMWare's request to stay the case. ORDERED by Judge Gregory B. Williams on 10/25/23. (ntl) (Entered: 10/25/2023)
10/23/2023Joint STATUS REPORT by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 10/23/2023)
10/16/20231855ORAL ORDER: The parties are HEREBY ORDERED to meet and confer and provide the Court with a joint status report by 5:00 p.m. on Monday, October 23, 2023. The joint status report shall advise the Court of the parties' respective positions on how to proceed with these cases in light of the PTO's final written decision on U.S. Patent No. 8,209,687 (the "'687 patent"). ORDERED by Judge Gregory B. Williams on 10/16/23. (ntl) (Entered: 10/16/2023)
10/13/2023 NOTICE of Federal Circuit Proceedings by VMware, Inc. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 10/13/2023)
10/13/2023 NOTICE of Final Office Action Regarding Ex Parte Reexamination of U.S. Patent No. 8,209,687 by VMware, Inc. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 10/13/2023)
8/24/2023NOTICE of Change of Address by Michael J. Farnan (Farnan, Michael) (Entered: 08/24/2023)
8/21/2023 Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding VMware's hyperlinked versions of its post-trial submissions - re 1838 Answering Brief in Opposition, 1829 Opening Brief in Support, 1847 Reply Brief. (Gaza, Anne) (Entered: 08/21/2023)
8/1/2023REDACTED VERSION of 1847 Reply Brief by VMware, Inc.. (Vrana, Robert) (Entered: 08/01/2023)
7/31/2023REQUEST for Oral Argument by VMware, Inc. re 1825 MOTION Cirba's Post-Trial Motions , 1827 MOTION for Judgment as a Matter of Law [VMWARE, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL]. (Vrana, Robert) (Entered: 07/31/2023)
7/31/2023REDACTED VERSION of 1846 Reply Brief by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/31/2023)
7/25/2023[SEALED] REPLY BRIEF re 1827 MOTION for Judgment as a Matter of Law [VMWARE, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL] filed by VMware, Inc.. (Gaza, Anne) (Entered: 07/25/2023)
7/25/2023[SEALED] REPLY BRIEF re 1825 MOTION Cirba's Post-Trial Motions filed by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/25/2023)
7/18/2023REDACTED VERSION of 1840 Declaration, by VMware, Inc.. (Vrana, Robert) (Entered: 07/18/2023)
7/18/2023REDACTED VERSION of 1839 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 07/18/2023)
7/18/2023REDACTED VERSION of 1838 Answering Brief in Opposition by VMware, Inc.. (Vrana, Robert) (Entered: 07/18/2023)
7/18/2023REDACTED VERSION of 1841 Answering Brief in Opposition, by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/18/2023)
7/11/2023[SEALED] ANSWERING BRIEF in Opposition re 1827 MOTION for Judgment as a Matter of Law [VMWARE, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL] filed by Cirba Inc. (d/b/a Densify).Reply Brief due date per Local Rules is 7/18/2023. (Farnan, Michael) (Entered: 07/11/2023)
7/11/2023[SEALED] DECLARATION re 1838 Answering Brief in Opposition [Declaration of Aaron D. Bray] by VMware, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Gaza, Anne) (Entered: 07/11/2023)
7/11/2023[SEALED] DECLARATION re 1838 Answering Brief in Opposition [Declaration of Paul K. Meyer] by VMware, Inc.. (Gaza, Anne) (Entered: 07/11/2023)
7/11/2023[SEALED] ANSWERING BRIEF in Opposition re 1825 MOTION Cirba's Post-Trial Motions filed by VMware, Inc..Reply Brief due date per Local Rules is 7/18/2023. (Gaza, Anne) (Entered: 07/11/2023)
7/5/2023REDACTED VERSION of 1831 Declaration, by VMware, Inc.. (Attachments: # 1 Exhibit 1 - 2)(Gaza, Anne) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 1829 Opening Brief in Support, by VMware, Inc.. (Gaza, Anne) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 1830 Declaration by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 1828 Declaration,,,,,, by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 1826 Opening Brief in Support by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/05/2023)
7/3/2023REDACTED VERSION of 1824 Notice (Other), Corrected Notice of Lodging of the Demonstrative Slides Presented by VMware to the Jury During the April 26 and April 27, 2023 Direct Examination of Dr. Jason Nieh by VMware, Inc.. (Vrana, Robert) (Entered: 07/03/2023)
6/27/2023[SEALED] DECLARATION re 1827 MOTION for Judgment as a Matter of Law [VMWARE, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL] [DECLARATION OF STEPHEN LIU] by VMware, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaza, Anne) (Entered: 06/27/2023)
6/27/2023[SEALED] DECLARATION re 1826 Opening Brief in Support of Jim W. Bergman by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibits A-I, # 2 Appendix A)(Farnan, Michael) (Entered: 06/27/2023)
6/27/2023[SEALED] OPENING BRIEF in Support re 1827 MOTION for Judgment as a Matter of Law [VMWARE, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL] filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 7/11/2023. (Gaza, Anne) (Entered: 06/27/2023)
6/27/2023[SEALED] DECLARATION re 1826 Opening Brief in Support Connor S. Houghton by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74)(Farnan, Michael) (Entered: 06/27/2023)
6/27/2023 MOTION for Judgment as a Matter of Law [VMWARE, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL] - filed by VMware, Inc.. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 06/27/2023)
6/27/2023[SEALED] OPENING BRIEF in Support re 1825 MOTION Cirba's Post-Trial Motions filed by Cirba Inc. (d/b/a Densify).Answering Brief/Response due date per Local Rules is 7/11/2023. (Farnan, Michael) (Entered: 06/27/2023)
6/27/2023 MOTION Cirba's Post-Trial Motions - filed by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Text of Proposed Order)(Farnan, Michael) (Entered: 06/27/2023)
6/26/2023[SEALED] NOTICE of [Corrected Notice of Lodging of the Demonstrative Slides Presented by VMware to the Jury During the April 26 and April 27, 2023 Direct Examination of Dr. Jason Nieh] by VMware, Inc. re 1780 Notice (Other) (Vrana, Robert) (Entered: 06/26/2023)
6/12/2023SO ORDERED, re 1823 STIPULATION to Stay Execution or Enforcement of the Judgment filed by VMware, Inc. Signed by Judge Gregory B. Williams on 6/12/23. (ntl) (Entered: 06/12/2023)
6/9/2023 STIPULATION to Stay Execution or Enforcement of the Judgment re 1821 Judgment by VMware, Inc.. (Gaza, Anne) (Entered: 06/09/2023)
5/30/20231822ORAL ORDER re 1797 Joint Status Report - Having reviewed the parties' Joint Status Report (D.I. 1797), IT IS HEREBY ORDERED that the page-limits for post-trial briefing in this matter shall conform to the page limits set forth in the Scheduling Order (D.I. 1489 para. 24). Any post-trial motion(s) and the accompanying opening brief(s) shall be filed no later than 28 days after the Court's entry of judgment on the jury's verdict, with answering brief(s) due 14 days thereafter, and reply brief(s) due 14 days thereafter. Briefing will otherwise be presented pursuant to the Court's Local Rules. ORDERED by Judge Gregory B. Williams on 5/30/23. (ntl) (Entered: 05/30/2023)
5/30/2023JUDGMENT FOLLOWING JURY VERDICT in favor of Cirba Inc. (d/b/a Densify) against VMware, Inc. in the amount of $84,500,000. Signed by Judge Gregory B. Williams on 5/30/23. (ntl) (Entered: 05/30/2023)
5/18/2023REDACTED VERSION of 1786 Notice (Other), by VMware, Inc.. (Attachments: # 1 part 2 of 3, # 2 part 3 of 3)(Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1780 Notice (Other) by VMware, Inc.. (Attachments: # 1 part 2 of 2)(Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1783 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1781 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1778 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1776 Notice of Filing Multi Media Materials, by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1775 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1774 Notice of Filing Multi Media Materials, by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1773 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1772 Notice of Filing Multi Media Materials, by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1771 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1766 Notice of Filing Multi Media Materials, by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/18/2023REDACTED VERSION of 1765 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 05/18/2023)
5/17/2023REDACTED VERSION of 1802 Notice (Other) of Lodging regarding Demonstrative Slides used during Closing Argument by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/17/2023)
5/17/2023REDACTED VERSION of 1801 Notice (Other) of Lodging regarding Demonstrative Slides used during direct examination of Dr. Vijay Madisetti by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/17/2023)
5/17/2023REDACTED VERSION of 1800 Notice (Other) of Lodging regarding Demonstrative Slides used during direct examination of Mr. Jim Bergman by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/17/2023)
5/17/2023REDACTED VERSION of 1799 Notice (Other) of Lodging regarding Demonstrative Slides used during Opening Statement by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/17/2023)
5/17/2023REDACTED VERSION of 1798 Notice (Other) of Lodging regarding Demonstrative Slides used during Pretrial Conference by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/17/2023)
5/17/2023CORRECTING ENTRY: Corrected Exhibit 1 added to D.I. 1801. (ntl) (Entered: 05/17/2023)
5/10/2023[SEALED] NOTICE of Lodging regarding Demonstrative Slides used during Closing Argument by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/10/2023)
5/10/2023[SEALED] NOTICE of Lodging regarding Demonstrative Slides used during direct examination of Dr. Vijay Madisetti by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Attachment 1 replaced on 5/17/2023) (ntl). (Entered: 05/10/2023)
5/10/2023[SEALED] NOTICE of Lodging regarding Demonstrative Slides used during direct examination of Mr. Jim Bergman by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/10/2023)
5/10/2023[SEALED] NOTICE of Demonstrative Slides used during Opening Statement by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/10/2023)
5/10/2023[SEALED] NOTICE of of Lodging regarding Demonstrative Slides used during Pretrial Conference by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 05/10/2023)
5/8/2023Joint STATUS REPORT by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 05/08/2023)
5/8/2023REDACTED VERSION of 1764 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 05/08/2023)
5/8/2023REDACTED VERSION of 1759 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 05/08/2023)
5/8/2023REDACTED VERSION of 1751 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 05/08/2023)
5/8/2023REDACTED VERSION of 1750 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 05/08/2023)
5/8/2023REDACTED VERSION of 1738 Letter by VMware, Inc.. (Vrana, Robert) (Entered: 05/08/2023)
5/8/2023REDACTED VERSION of 1735 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 05/08/2023)
5/8/2023REDACTED VERSION of 1734 Emergency MOTION to Compel Compliance with the Court's Order and for Expedited Briefing by VMware, Inc.. (Vrana, Robert) (Entered: 05/08/2023)
5/8/2023REDACTED VERSION of 1731 Letter by VMware, Inc.. (Vrana, Robert) (Entered: 05/08/2023)
5/8/2023REDACTED VERSION of 1721 Answering Brief in Opposition by VMware, Inc.. (Vrana, Robert) (Entered: 05/08/2023)
5/6/2023NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibits A-1 through A-5 to the Notice of Lodging (D.I. 1786). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Samantha G. Wilson on behalf of VMware, Inc. (Wilson, Samantha) (Entered: 05/06/2023)
5/6/2023[SEALED] NOTICE of Lodging of VMware's Demonstrative Slides Presented to the Jury During Its Closing Argument on May 1, 2023 by VMware, Inc. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit B (Part 2), # 3 Exhibit C (Part 3), # 4 Exhibit A1 through A-5)(Wilson, Samantha) (Entered: 05/06/2023)
5/1/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial completed on 5/1/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 05/02/2023)
5/1/2023REDACTED VERSION of 1784 Jury Verdict. (ntl) (Entered: 05/02/2023)
5/1/2023[SEALED] JURY VERDICT. (ntl) (Entered: 05/02/2023)
5/1/2023Pro Hac Vice Attorney Natalie Griffin and Laura Carwile for Cirba Inc. (d/b/a Densify) added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) (Entered: 05/01/2023)
4/30/2023[SEALED] EXHIBIT re 1782 Notice (Other) [Exhibit B to Notice of Lodging] by VMware, Inc.. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023 NOTICE of Lodging of the Demonstrative Slides Presented to the Jury by VMware During the April 26, 2023 Direct Examination of Dr. Anne Holler by VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023[SEALED] NOTICE of Lodging of the Demonstrative Slides Presented to the Jury by VMware During the April 27, 2023 Direct Examination of Paul Meyer by VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023[SEALED] NOTICE of Lodging of the Demonstrative Slides Presented by VMware to the Jury During the April 26 and April 27, 2023 Direct Examination of Dr. Jason Nieh by VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023 NOTICE of Lodging of the Demonstrative Slides Presented to the Jury by VMware During the April 26, 2023 Direct Examination of Dr. Carl Waldspurger by VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023[SEALED] NOTICE of Lodging of Demonstrative Slides Presented to the Jury by VMware During the April 26, 2023 Cross-Examination of Jim Bergman by VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023 NOTICE of Lodging of VMware's Demonstrative Slides Presented to the Jury During Its Opening Statement on April 24, 2023 by VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023[SEALED] NOTICE of filing the following Non-Paper material(s) in multi media format: [Exhibit A-1 to the Notice of Lodging (D.I. 1775)]. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Samantha G. Wilson on behalf of VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023[SEALED] NOTICE of Lodging of the Parties' April 26-27, 2023 Submissions Pursuant to the Court's Dispute Resolution Procedure by VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023[SEALED] NOTICE of filing the following Non-Paper material(s) in multi media format: [Exhibit A-1 and B-1 to the Notice of Lodging (D.I. 1773)]. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Samantha G. Wilson on behalf of VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023[SEALED] NOTICE of Lodging of the Parties' April 26, 2023 Submissions Pursuant to the Court's Dispute Resolution Procedure by VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023[SEALED] NOTICE of filing the following Non-Paper material(s) in multi media format: [Exhibit A-1 to the Notice of Lodging (D.I. 1771)]. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Samantha G. Wilson on behalf of VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/30/2023[SEALED] NOTICE of Lodging of the Parties' April 25, 2023 Submissions Pursuant to the Court's Dispute Resolution Procedure by VMware, Inc. (Wilson, Samantha) (Entered: 04/30/2023)
4/28/2023REDACTED VERSION of 1747 Letter, by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 04/28/2023)
4/28/2023REDACTED VERSION of 1741 Proposed Pretrial Order, by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibits 1-3, 5-6, 8-15)(Farnan, Michael) (Entered: 04/28/2023)
4/28/2023Document Unsealed -- 1754 REVISED MEMORANDUM ORDER unsealed. (etg) (Entered: 04/28/2023)
4/28/2023VERDICT FORM. (ntl) (Entered: 04/28/2023)
4/28/2023Final Jury Instructions. (ntl) (Entered: 04/28/2023)
4/27/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial, Day 4 held on 4/27/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 05/01/2023)
4/27/2023[SEALED] NOTICE of filing the following Non-Paper material(s) in multi media format: [Exhibit A-1 to the Notice of Lodging (D.I. 1765)]. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Samantha G. Wilson on behalf of VMware, Inc. (Wilson, Samantha) (Entered: 04/27/2023)
4/27/2023[SEALED] NOTICE of Lodging of the Parties' April 24, 2023 Submissions Pursuant to the Court's Dispute Resolution Procedure by VMware, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wilson, Samantha) (Entered: 04/27/2023)
4/27/2023[SEALED] EXHIBIT re 1763 Letter VMware's Bench Memorandum Regarding Cirba's Damages Theory and Opinions in Light of Excluded Evidence by VMware, Inc.. (Gaza, Anne) (Entered: 04/27/2023)
4/27/2023Joint Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding VMware's Bench Memorandum and statement pursuant to the Court's April 20, 2023 Oral Order (D.I. 1737). (Gaza, Anne) (Entered: 04/27/2023)
4/26/2023VERDICT SHEET by Cirba Inc. (d/b/a Densify) . (Farnan, Michael) (Entered: 04/26/2023)
4/26/2023Proposed Jury Instructions by Cirba Inc. (d/b/a Densify) Proposed Final Jury Instructions. (Farnan, Michael) (Entered: 04/26/2023)
4/26/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial, Day 3, held on 4/26/2023. (Court Reporter M. Rolfe.) (etg) (Entered: 04/26/2023)
4/26/20231760ORAL ORDER: The relief sought in VMware's Statement (D.I. 1759) is hereby DENIED for failing to comply with the Court's April 20, 2023 Oral Order (D.I. 1737). Prior to the filing of D.I. 1759, the Court specifically requested counsel to refamiliarize themselves with the procedures set forth in D.I. 1737. ORDERED by Judge Gregory B. Williams on 4/26/23. (ntl) (Entered: 04/26/2023)
4/26/2023[SEALED] STATEMENT [VMWARE'S BENCH MEMORANDUM REGARDING CIRBA'S DAMAGES THEORY AND OPINIONS IN LIGHT OF EXCLUDED EVIDENCE] by VMware, Inc.. (Gaza, Anne) (Entered: 04/26/2023)
4/25/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial, Day 2, held on 4/25/2023. (Court Reporter M. Rolfe.) (etg) (Entered: 04/26/2023)
4/25/2023Documents Unsealed - 1719 MEMORANDUM ORDER unsealed; 1722 MEMORANDUM ORDER unsealed; 1724 MEMORANDUM ORDER unsealed; 1726 MEMORANDUM ORDER unsealed. (etg) (Entered: 04/25/2023)
4/25/2023 NOTICE of Lodging VMware, Inc.'s April 24, 2023 Demonstrative Slides by VMware, Inc. (Wilson, Samantha) (Entered: 04/25/2023)
4/25/2023Pro Hac Vice Attorney Ian A. Bennett for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 04/25/2023)
4/25/2023SO ORDERED, re 1748 MOTION for Pro Hac Vice Appearance of Attorney Natalie Griffin filed by Cirba Inc. (d/b/a Densify). Signed by Judge Gregory B. Williams on 4/25/23. (ntl) (Entered: 04/25/2023)
4/24/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Jury Trial, Day 1, held on 4/24/2023. (Court Reporter M. Rolfe.) (etg) (Entered: 04/25/2023)
4/24/2023[SEALED] SO ORDERED, re 1741 Final Pretrial Order. Signed by Judge Gregory B. Williams on 4/24/23. (ntl) (Entered: 04/24/2023)
4/24/2023Preliminary Jury Instructions. (ntl) (Entered: 04/24/2023)
4/24/2023Voir Dire. (ntl) (Entered: 04/24/2023)
4/24/2023REVISED MEMORANDUM ORDER re 1719 Memorandum Order re VMware's motion in limine No. 1. Signed by Judge Gregory B. Williams on 4/24/23. This document has been emailed to local counsel. (ntl) (Main Document replaced and docket text updated on 4/28/2023) (etg). (Entered: 04/24/2023)
4/24/2023 Letter to The Honorable Gregory B. Williams from Robert M. Vrana regarding Redactions to Memorandum Orders (D.I. Nos. 1719, 1722, 1724, 1726). (Vrana, Robert) (Entered: 04/24/2023)
4/24/2023Document Unsealed -- DI 1663 MEMORANDUM ORDER unsealed. (etg) (Entered: 04/24/2023)
4/24/20231752ORAL ORDER: Defendant VMware, Inc.'s ("VMware") motion to "preclude Cirba's expert, Dr. Madisetti, from testifying about or relying on any new theories or evidence contained only in the July 25 contentions (and not previously disclosed in Cirba's May 6 contentions)" and "strike Volume 2 of Dr. Madisetti's Opening Infringement Expert Report, the Exhibits thereto, and Dr. Madisetti's Reply Infringement Report that rely on the same" (the "Motion") is DENIED. D.I. 1738. VMware mostly rehashes arguments this Court previously found unpersuasive. For example, VMware does not identify any new, belatedly-disclosed theories contained only in Cirba's July 25, 2022 infringement contentions that are now subject to exclusion under Rule 37 of the Federal Rules of Civil Procedure. Cirba's May 6 infringement contentions put VMware on notice that Cirba's existing theories apply to post-trial versions of the accused productsa reality VMware conceded when seeking summary judgment of non-infringement for U.S. Patent No. 8,209,687: "[a]lthough Cirba accuses two different DRS versions (1.0 and 2.0), its infringement theory for both is the same." D.I. 1440 at 8. As the Court explained during the final pretrial conference held on April 19, 2023, Cirba's claims of infringement against VMware's new products must be sufficiently tied to infringement theories timely disclosed in Cirba's May 6 contentions. To the extent VMware raises new grounds to strike portions of Dr. Madisetti's reports, including under Rule 37, VMware has forfeited those grounds as it delayed moving to strike until days before trial even though it had the offending reports in August and October 2022, and has known that VMware's new products are in the case, and to which VMware had an opportunity to respond (including through its own expert report). VMware curiously represents to the Court that "the Court previously considered the Pennypack factors in connection with Cirba's unsuccessful motion for leave," D.I. 1738 at 3even though denial of Cirba's motion to supplement its infringement contentions turned on good cause under Federal Rule of Civil Procedure 16(b)(4), as the Court's Order makes plain. D.I. 1661. Under these circumstances, VMware's is not entitled to the relief it seeks. ORDERED by Judge Gregory B. Williams on 4/24/23. (ntl) (Entered: 04/24/2023)
4/24/2023SO ORDERED, re 1743 MOTION for Pro Hac Vice Appearance of Attorney Ian A. Bennett filed by VMware, Inc., 1744 MOTION for Pro Hac Vice Appearance of Attorney Laura Carwile filed by Cirba Inc. (d/b/a Densify). Signed by Judge Gregory B. Williams on 4/24/23. (ntl) (Entered: 04/24/2023)
4/24/2023[SEALED] EXHIBIT re 1749 Letter [VMWARE'S BENCH MEMORANDUM IN SUPPORT OF RULE 37 MOTION TO PRECLUDE CIRBA FROM PRESENTING EVIDENCE OF DIRECT INFRINGEMENT DAMAGES] by VMware, Inc.. (Gaza, Anne) (Entered: 04/24/2023)
4/24/2023[SEALED] EXHIBIT re 1749 Letter [VMWARE'S BENCH MEMORANDUM REGARDING CIRBA'S ARGUMENTS THAT CONTRADICT THE COURT'S CLAIM CONSTRUCTION] by VMware, Inc.. (Gaza, Anne) (Entered: 04/24/2023)
4/24/2023 Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding Bench Memorandum. (Gaza, Anne) (Entered: 04/24/2023)
4/24/2023MOTION for Pro Hac Vice Appearance of Attorney Natalie Griffin - filed by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/24/2023)
4/21/2023[SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding In Opposition to VMware's Rule 37 Letter Seeking to Strike Dr. Madisetti's Opinions About Post-Trial Releases. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 04/21/2023)
4/21/2023 STATEMENT Glossary for Court Reporter by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/21/2023)
4/21/20231745ORAL ORDER: Having reviewed the parties' Revised Proposed Preliminary Jury Instructions (D.I. 1740), it is HEREBY ORDERED that the Court will adopt Plaintiff's proposal in Section 2.0. See D.I. 1740 at 2-3. ORDERED by Judge Gregory B. Williams on 4/21/23. (ntl) (Entered: 04/21/2023)
4/21/2023MOTION for Pro Hac Vice Appearance of Attorney Laura Carwile - filed by Cirba Inc. (d/b/a Densify). (Farnan, Brian) (Entered: 04/21/2023)
4/21/2023MOTION for Pro Hac Vice Appearance of Attorney Ian A. Bennett - filed by VMware, Inc.. (Vrana, Robert) (Entered: 04/21/2023)
4/21/2023NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 1698 Notice of Appeal (Federal Circuit) filed by Cirba Inc. (d/b/a Densify). USCA Case Number 2023-1770. (ntl) (Entered: 04/21/2023)
4/20/2023[SEALED] Proposed Pretrial Order by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14, # 13 Exhibit 15)(Farnan, Michael) (Entered: 04/20/2023)
4/20/2023Proposed Jury Instructions by Cirba Inc. (d/b/a Densify) Revised Proposed Preliminary Jury Instructions. (Farnan, Michael) (Entered: 04/20/2023)
4/20/2023Proposed Voir Dire by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/20/2023)
4/20/2023[SEALED] Letter to The Honorable Gregory B. WIlliams from Anne Shea Gaza regarding Response to the Court's Order During the Pretrial Conference Directing Submissions. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaza, Anne) (Entered: 04/20/2023)
4/20/20231737ORAL ORDER: On the eve of trial, this Court is once again inundated with another request of the parties. This time, Defendant requests the Court to compel "Cirba's compliance with its order excluding inflammatory Pre-Inc. evidence." See D.I. 1734 at 1. Packaging this request as "urgent," Defendant also seeks expedited briefing. Id. Having reviewed the relevant briefing, IT IS HEREBY ORDERED that Defendant's Emergency Motion to Compel Compliance with the Court's Order and For Expedited Briefing is DENIED without prejudice as both premature and speculative. It is evident from the nature and number of letters and motions the parties have brought before this Court and "the overreaching of both sides in the motions and briefs they have filed with the Court to date that counsel treat this case as if it were the only case pending before the Court." See FinancialApps, LLC v. Envestnet, Inc. et al., C.A. No. 19-1337-GBW-CJB, D.I. 250 at 4-5 (D. Del. Jan. 14, 2021). The Court expects compliance with its Orders. IT IS FURTHER ORDERED that, prior to seeking any additional relief from the Court, Delaware counsel and lead trial counsel for each party shall meet and confer in person and make a good faith effort to resolve the issues in dispute. Any further relief sought by either party shall be made via a joint letter to the Court. The parties shall append to any such joint letter a certification that Delaware and lead trial counsel made reasonable efforts to reach agreement. The certification shall identify by name each individual who participated in the meet and confer, when and where that meet and confer occurred and how long it lasted, and identify which issues were agreed upon and which, if any, remain outstanding. ORDERED by Judge Gregory B. Williams on 4/20/23. (ntl) (Entered: 04/20/2023)
4/20/2023ORDER regarding VMware's motions in limine. Signed by Judge Gregory B. Williams on 4/20/23. (ntl) (Entered: 04/20/2023)
4/20/2023[SEALED] DECLARATION re 1734 Emergency MOTION to Compel Compliance with the Court's Order and for Expedited Briefing [Declaration of Yue Li] by VMware, Inc.. (Gaza, Anne) (Entered: 04/20/2023)
4/20/2023[SEALED] Emergency MOTION to Compel Compliance with the Court's Order and for Expedited Briefing - filed by VMware, Inc.. (Gaza, Anne) (Entered: 04/20/2023)
4/19/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Pretrial Conference held on 4/19/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 04/20/2023)
4/19/2023ORDER regarding the modified case caption. Signed by Judge Gregory B. Williams on 4/19/23. (ntl) (Entered: 04/19/2023)
4/19/20231732ORAL ORDER: Pursuant to the Court's oral rulings during the final pretrial conference held on April 19, 2023, which are incorporated herein, IT IS HEREBY ORDERED that Cirba's Motion for Clarification is GRANTED in that the Court's March 29, 2023 Oral Order denying Cirba's Motion to Supplement its Infringement Contentions (D.I. 1661) did not (1) rule on the effect of Cirba's May 6, 2023 infringement contentions, or (2) rule on whether evidence must be excluded from trial under Rule 37 of the Federal Rules of Civil Procedure or otherwise. ORDERED by Judge Gregory B. Williams on 4/19/23. (ntl) (Entered: 04/19/2023)
4/18/2023[SEALED] Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding Damages. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 04/18/2023)
4/18/2023REDACTED VERSION of 1714 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 04/18/2023)
4/18/20231729ORAL ORDER: Having reviewed the opening and answering briefs of the parties' Motion for Clarification (D.I. 1682, 1721), IT IS HEREBY ORDERED that the parties shall be prepared to discuss their respective positions - including but not limited to VMware's argument that, based on both the Court's March 29, 2023 Oral Order Denying Cirba's Motion to Supplement its Infringement Contentions (D.I. 1661) and the Court's Memorandum Order Striking Dr. Madisetti's vCLS VMs Infringement Theories (D.I. 1663), Cirba cannot assert an infringement theory of the '687 patent as it relates to VMware's products postdating the January 2020 trial, see D.I. 1721during the pretrial conference scheduled for 10:00 a.m. on Wednesday, April 19, 2023. ORDERED by Judge Gregory B. Williams on 4/18/23. (ntl) (Entered: 04/18/2023)
4/18/2023[SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan and Anne Shea Gaza regarding Response to the Court's Order - re 1719 Memorandum and Order,. (Farnan, Michael) (Entered: 04/18/2023)
4/18/2023Joint Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding Modification of the Case Caption - re 1719 Memorandum and Order,. (Gaza, Anne) (Entered: 04/18/2023)
4/18/2023MEMORANDUM ORDER: 1. Defendant's Motion for Summary Judgment No. 3 - Non-Infringement of U.S. Patent No. 8,209,687 (D.I. 1422) is DENIED. 2. Defendant's Motion for Summary Judgment No. 4 - Failure to Mark for U.S. Patent No. 8,209,687 (D.I. 1424) is DENIED. 3. Defendant's Motion for Summary No. 5 - No Induced Infringement of U.S. Patent No. 8,209,687 (D.I. 1428) is DENIED. Signed by Judge Gregory B. Williams on 4/18/23. This document has been emailed to local counsel. (ntl) (Main Document replaced and docket text updated on 4/25/2023) (etg). (Entered: 04/18/2023)
4/18/2023ORDER regarding Cirba's motions in limine. Signed by Judge Gregory B. Williams on 4/18/23. (ntl) (Entered: 04/18/2023)
4/18/2023MEMORANDUM ORDER: 1. Cirba's Motion to Exclude Rule 26(A)(2)(C) Testimony of Dr. Anne Holler (D.I. 1416) is granted-in-part and denied-in-part; 2. VMware's Motion to Exclude Certain Expert Testimony of Mr. Jim Bergman (D.I. 1438) is granted-in-part and denied-in-part; and 3. VMware's Motion to Exclude Certain Expert Testimony of Dr. Vijay Madisetti (D.I. 1439) is denied. Signed by Judge Gregory B. Williams on 4/18/23. This document has been emailed to local counsel. (ntl) (Main Document replaced and docket text updated on 4/25/2023) (etg). (Entered: 04/18/2023)
4/18/2023Official Transcript of Teleconference held on 04.06.2023 before Judge Gregory B. Williams. Court Reporter/Transcriber Michele Rolfe,Email: michele_rolfe@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/9/2023. Redacted Transcript Deadline set for 5/19/2023. Release of Transcript Restriction set for 7/17/2023. (Rolfe, Michele) (Entered: 04/18/2023)
4/18/2023MEMORANDUM ORDER re 1420 MOTION for Summary Judgment No. 2 - NO WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,654,367 filed by VMware, Inc. is GRANTED. Signed by Judge Gregory B. Williams on 4/18/23. This document has been emailed to local counsel. (ntl) (Main Document replaced and docket text updated on 4/25/2023) (etg). (Entered: 04/18/2023)
4/18/2023[SEALED] ANSWERING BRIEF in Opposition re 1682 MOTION Motion for Clarification filed by VMware, Inc..Reply Brief due date per Local Rules is 4/25/2023. (Gaza, Anne) (Entered: 04/18/2023)
4/18/2023MEMORANDUM ORDER: 1. VMware's Motion for Judgment on the Pleadings, D.I. 1433, as to claim 3 of the '687 patent is DENIED. 2. VMware's Motion for Judgment on the Pleadings, D.I. 1433, as to claims 1, 2, 7, 10, 15, 38, and 41 of the '459 patent is DENIED WITHOUT PREJUDICE. Signed by Judge Gregory B. Williams on 4/18/23. (ntl) (Entered: 04/18/2023)
4/17/2023MEMORANDUM ORDER: VMware's Motion in Limine No. 1 to Exclude Irrelevant and Prejudicial Evidence Pertaining to Cirba, Inc. is GRANTED. Signed by Judge Gregory B. Williams on 4/17/23. This document has been emailed to local counsel. (ntl) (Main Document replaced and docket text updated on 4/25/2023) (etg). (Entered: 04/17/2023)
4/17/2023Pro Hac Vice Attorney Sara Doudar and Brian R. Matsui for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 04/17/2023)
4/14/2023REDACTED VERSION of 1697 Reply Brief by VMware, Inc.. (Vrana, Robert) (Entered: 04/14/2023)
4/12/20231717ORAL ORDER: Having reviewed Defendant VMware, Inc.'s ("VMware") Renewed Motion to Stay (D.I. 1362) (the "Motion to Stay") and its letter requesting a teleconference to discuss the same, (D.I. 1707), IT IS HEREBY ORDERED that VMware's Motion to Stay is DENIED. Courts discretionarily balance three factors to determine whether a stay is appropriate: (1) whether granting the stay will simplify the issues for trial; (2) the status of the litigation, particularly whether discovery is complete and a trial date has been set; and (3) whether a stay would cause the non-movant to suffer undue prejudice from any delay or allow the movant to gain a clear tactical advantage. CAO Lighting, Inc. v. Gen. Elec. Co., C.A. No. 20-681-GBW, 2022 WL 17752270, at *2 (D. Del. Dec. 19, 2022). Here, (1) a stay will not simplify issues for trial as the parties have since stipulated to sever and stay claims related to U.S. Patent Nos. 10,523,492 and 10,951,459, even though the reexamination proceedings with respect to U.S. Patent Nos. 8,209,687 remain pending; (2) this litigation is less than two weeks away from trial with the most burdensome tasks having been completed, a factor which strongly disfavors a stay given this Court's previous denial of VMware's first motion to stay after concluding that "the Court and the parties have also invested massive resources" into this action as of 2021 (D.I. 1101); and (3) while delay may prejudice Plaintiffs Cirba, Inc. and Cirba, IP, Inc. (together, "Cirba"), VMware does not identify any meaningful prejudice it would incur from proceeding with this litigation. Accordingly, VMware's Motion to Stay is denied and trial in C.A. No. 19-742 will proceed on Cirba's U.S. Patent Nos. 8,209,687 and 9,654,367. ORDERED by Judge Gregory B. Williams on 4/12/23. (ntl) (Entered: 04/12/2023)
4/12/20231716ORAL ORDER: Having reviewed Defendant VMware, Inc.'s ("VMware") Motion to Sever and Stay Counterclaims related to VMware's asserted U.S. Patent Nos. 8,875,266; 8,336,049; and 9,521,151 (D.I. 1642) (the "Motion to Sever and Stay"), IT IS HEREBY ORDERED that VMware's Motion to Sever and Stay is GRANTED. Under Rule 21 of the Federal Rules of Civil Procedure, the Court has "broad discretion" to "sever any claim against a party," after considering analogous guidance under Rule 20that is, (1) whether the claims arise out of the same transaction, occurrence, or series of transactions or occurrences, and (2) whether the claims present a question of law or fact common to all defendants. In re EMC Corp., 677 F.3d 1351, 1355 (Fed. Cir. 2012). The Court may also consider whether severance is the interest of "avoiding prejudice and delay, ensuring judicial economy, or safeguarding principles of fundamental fairness." Westinghouse Air Brake Techs. Corp. v. Siemens Mobility, Inc., 330 F.R.D. 143, 147 (D. Del. 2019). Here, Plaintiffs Cirba, Inc. and Cirba, IP, Inc. (together, "Cirba") fail to dispute VMware's assertion that VMware's counterclaims do not arise out of the same transaction or occurrence as Cirba's claims, do not present common issues of law or fact with Cirba's claims, and will require different witnesses and documentary proof than Cirba's claims. See Noramco LLC v. Dishman USA, Inc., C.A. No. 21-1696-WCB, 2023 WL 1765566, at *3 (D. Del. Feb. 3, 2023) (finding arguments not responded to in Answering Brief forfeited). As for prejudice, although this Court previously granted Cirba's motion to consolidate (D.I. 946 at 14-16) after dismissing Cirba, Inc. ("Pre-Inc.") for lack of Article III standing (D.I. 758), Pre-Inc. and Cirba, IP, Inc. ("IP") have since amalgamated into a single entity called "Cirba Inc." D.I. 1396. Under these circumstances, trying VMware's patents against Cirba, Inc., together with IP's patents against VMware risks jury confusion and resulting prejudice as the amalgamation does not obviate the parties' "need to label and clarify each Cirba entity, e.g., Inc., IP, and post-amalgamated Cirba Inc., to both the jury and this Court throughout the trial," as this Court held in denying Cirba's Motion to Update the Case Caption or Substitute Parties (D.I. 1396). Cirba does not address prejudice arising from amalgamation, a telling omission given that Cirba has promoted amalgamation to this Court when advantageous (e.g., to update the case caption (D.I. 1328), to oppose a stay and argue competitive harm (D.I. 1374), to oppose VMware's motion to exclude evidence pertaining to Pre-Inc. (D.I. 1664-17, 1671 & 1686)). Accordingly, VMware's infringement claims with respect to U.S. Patent Nos. 8,875,266; 8,336,049; and 9,521,151 are severed and, consistent with the parties' agreement (D.I. 1674 at 13, D.I. 1643 at 12), consolidated into C.A. No. 23-015 and stayed pending resolution of Cirba's claims against VMware and Cirba's appeal of the decisions invalidating U.S. Patent No. 10,523,492 and U.S. Patent No. 10,951,459. Because the Court grants VMware's Motion to Sever and Stay, IT IS ALSO HEREBY ORDERED that Cirba's Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 9,521,151 (D.I. 1425) is DENIED WITHOUT PREJUDICE. ORDERED by Judge Gregory B. Williams on 4/12/23. (ntl) (Entered: 04/12/2023)
4/12/2023 Letter to The Honorable Gregory B. Williams from Robert M. Vrana regarding No Redactions Requested to the Memorandum Order (D.I. 1663). (Vrana, Robert) (Entered: 04/12/2023)
4/12/2023SO ORDERED, re 1712 MOTION for Pro Hac Vice Appearance of Attorney Brian R. Matsui, Esquire, and Sara Doudar, Esquire filed by VMware, Inc. Signed by Judge Gregory B. Williams on 4/12/23. (ntl) (Entered: 04/12/2023)
4/12/2023[SEALED] EXHIBIT re 1713 Letter by VMware, Inc.. (Vrana, Robert) (Entered: 04/12/2023)
4/12/2023 Letter to The Honorable Gregory B. Williams from Robert M. Vrana regarding Pretrial Order Exhibit 15 - re 1679 Letter. (Vrana, Robert) (Entered: 04/12/2023)
4/11/2023MOTION for Pro Hac Vice Appearance of Attorney Brian R. Matsui, Esquire, and Sara Doudar, Esquire - filed by VMware, Inc.. (Vrana, Robert) (Entered: 04/11/2023)
4/11/2023REDACTED VERSION of 1685 Letter by VMware, Inc.. (Vrana, Robert) (Entered: 04/11/2023)
4/11/2023 Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Response to VMware's April 11, 2023 Letter - re 1707 Letter. (Farnan, Michael) (Entered: 04/11/2023)
4/11/2023REDACTED VERSION of 1686 Letter by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/11/2023)
4/11/2023REDACTED VERSION of 1684 Letter by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/11/2023)
4/11/2023 Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding Cirba's Notice of Appeal and VMware Request for a Status Conference - re 1698 Notice of Appeal (Federal Circuit). (Gaza, Anne) (Entered: 04/11/2023)
4/10/2023 Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Witness Conflict for Trial. (Farnan, Michael) (Entered: 04/10/2023)
4/10/2023REDACTED VERSION of 1683 Declaration, 1678 Declaration, by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/10/2023)
4/10/2023REDACTED VERSION of 1682 MOTION Motion for Clarification , 1677 MOTION for Clarification by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/10/2023)
4/10/2023REDACTED VERSION of 1680 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 04/10/2023)
4/10/2023Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 1698 Notice of Appeal (Federal Circuit). (smg) (Entered: 04/10/2023)
4/10/2023Notification regarding 1698 Notice of Appeal (Federal Circuit) sent to Reporter Hawkins (smg) (Entered: 04/10/2023)
4/10/2023Notification regarding 1698 Notice of Appeal (Federal Circuit) sent to Reporter Rolfe (smg) (Entered: 04/10/2023)
4/10/20231702ORAL ORDER: In light of the parties' joint stipulation severing and staying Plaintiffs' counterclaims as to the U.S. Patent Nos. 10,523,492 ("the '492 patent) and 10,951,459 ("the '459 patent") and all defenses thereto, together with the parties' acknowledgment that "[t]he Court may decide not to address the parties' pending motions related solely to the '492 and '459 patents at this time," including Plaintiffs' Motion for Summary Judgment of No Inequitable Conduct (D.I. 1434) and Defendant's Motion to Dismiss Plaintiffs' 492 Patent Counterclaim (D.I. 1431), see D.I. 1583 at 2; see also D.I. 1639 at 2, IT IS HEREBY ORDERED that Plaintiffs' Motion for Summary Judgment of No Inequitable Conduct (D.I. 1434) and Defendant's Motion to Dismiss Plaintiff's '492 Patent Counterclaim (D.I. 1431) are dismissed without prejudice. ORDERED by Judge Gregory B. Williams on 4/10/23. (ntl) (Entered: 04/10/2023)
4/7/2023REDACTED VERSION of 1675 Declaration by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/07/2023)
4/7/2023REDACTED VERSION of 1674 Answering Brief in Opposition by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/07/2023)
4/7/2023REDACTED VERSION of 1671 Letter by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/07/2023)
4/7/2023APPEAL - Credit Card Payment received re 1698 Notice of Appeal (Federal Circuit) filed by Cirba Inc. (d/b/a Densify). ( Filing fee $505, receipt number ADEDC-4108174.) (Farnan, Michael) (Entered: 04/07/2023)
4/7/2023 NOTICE OF APPEAL to the Federal Circuit of 1626 Memorandum and Order . Appeal filed by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/07/2023)
4/7/2023[SEALED] REPLY BRIEF re 1642 MOTION to Sever and Stay Counterclaims filed by VMware, Inc.. (Gaza, Anne) (Entered: 04/07/2023)
4/7/2023REDACTED VERSION of 1670 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 04/07/2023)
4/7/2023REDACTED VERSION of 1669 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 04/07/2023)
4/7/2023REDACTED VERSION of 1668 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 04/07/2023)
4/7/2023REDACTED VERSION of 1667 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 04/07/2023)
4/7/2023REDACTED VERSION of 1666 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 04/07/2023)
4/7/2023REDACTED VERSION of 1676 Letter, by VMware, Inc.. (Vrana, Robert) (Entered: 04/07/2023)
4/7/2023REDACTED VERSION of 1665 Letter, by VMware, Inc.. (Vrana, Robert) (Entered: 04/07/2023)
4/6/2023Minute Entry for proceedings held before Judge Gregory B. Williams - Telephone Conference held on 4/6/2023. (Court Reporter M. Rolfe.) (ntl) (Entered: 04/06/2023)
4/6/2023REDACTED VERSION of 1664 Proposed Pretrial Order, by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibits 1-16)(Farnan, Michael) (Entered: 04/06/2023)
4/6/2023NOTICE requesting Clerk to remove Mark R.S. Foster as co-counsel.. (Vrana, Robert) (Entered: 04/06/2023)
4/4/2023MEMORANDUM ORDER re 1415 MOTION for Summary Judgment No. 1 -- No Trademark Claims filed by VMware, Inc. is GRANTED. Signed by Judge Gregory B. Williams on 4/4/23. (ntl) (Entered: 04/04/2023)
4/4/2023[SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Response Regarding Cirba Inc. Evidence - re 1676 Letter,. (Farnan, Michael) (Entered: 04/04/2023)
4/4/2023[SEALED] Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding Admissibility of Evidence Related to Interactions with Pre-Inc. - re 1671 Letter. (Gaza, Anne) (Entered: 04/04/2023)
4/4/2023[SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Response to Defendant's Motion to Compel - re 1665 Letter,. (Farnan, Michael) (Entered: 04/04/2023)
4/4/2023[SEALED] DECLARATION re 1682 MOTION Motion for Clarification by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Farnan, Michael) (Entered: 04/04/2023)
4/4/2023[SEALED] MOTION Motion for Clarification - filed by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Rule 7.1.1 Certification)(Farnan, Michael) (Entered: 04/04/2023)
4/4/20231681ORAL ORDER: Having reviewed Plaintiffs Cirba Inc.'s (d/b/a/ Densify) and Cirba IP, Inc.'s (collectively, "Cirba") Motion for Clarification of the Court's 3/29/23 Oral Order (D.I. 1661) ("the Motion"), D.I. 1677, IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE for failure to comply with Rule 7.1.1 of the Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware ("Local Rule 7.1.1"). ORDERED by Judge Gregory B. Williams on 4/4/23. (ntl) (Entered: 04/04/2023)
4/3/2023[SEALED] EXHIBIT re 1679 Letter to The Honorable Gregory B. Williams by VMware, Inc.. (Vrana, Robert) (Entered: 04/03/2023)
4/3/2023 Letter to The Honorable Gregory B. Williams from Robert M. Vrana regarding Pretrial Order Exhibit 15. (Vrana, Robert) (Entered: 04/03/2023)
4/2/2023[SEALED] DECLARATION re 1677 MOTION for Clarification by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Farnan, Michael) (Entered: 04/02/2023)
4/2/2023[SEALED] MOTION for Clarification - filed by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 04/02/2023)
3/31/2023[SEALED] Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding [WHY EVIDENCE ABOUT PRE-INC. IS INADMISSIBLE] - re 1662 Order,,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Gaza, Anne) (Entered: 03/31/2023)
3/31/2023[SEALED] DECLARATION re 1674 Answering Brief in Opposition by Cirba IP, Inc., Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Michael) (Entered: 03/31/2023)
3/31/2023[SEALED] ANSWERING BRIEF in Opposition re 1642 MOTION to Sever and Stay Counterclaims filed by Cirba IP, Inc., Cirba Inc. (d/b/a Densify).Reply Brief due date per Local Rules is 4/10/2023. (Farnan, Michael) (Entered: 03/31/2023)
3/31/2023 Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding identification of the most analogous case for VMware's Section 101 motion - re 1662 Order,,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,,,. (Gaza, Anne) (Entered: 03/31/2023)
3/31/2023 Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Sec. 101 Motion Cases. (Farnan, Michael) (Entered: 03/31/2023)
3/31/2023[SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Evidence Related to Cirba Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Farnan, Michael) (Entered: 03/31/2023)
3/31/2023[SEALED] EXHIBIT re 1666 Declaration [VOLUME 4 OF 4 (EXHIBITS 25-36) TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Gaza, Anne) (Entered: 03/31/2023)
3/31/2023[SEALED] EXHIBIT re 1666 Declaration [VOLUME 3 OF 4 (EXHIBIT 24) TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Gaza, Anne) (Entered: 03/31/2023)
3/31/2023[SEALED] EXHIBIT re 1666 Declaration [VOLUME 2 OF 4 (EXHIBIT 23) TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Gaza, Anne) (Entered: 03/31/2023)
3/31/2023[SEALED] EXHIBIT re 1666 Declaration [VOLUME 1 OF 4 (EXHIBITS 1-22) TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Gaza, Anne) (Entered: 03/31/2023)
3/31/2023[SEALED] DECLARATION re 1665 Letter, [DECLARATION OF YUE LI IN SUPPORT OF VMWARE'S LETTER BRIEF COMPELING COMPLIANCE WITH COURT ORDER AND PRODUCTION OF NON-PRIVILEGED DOCUMENTS] by VMware, Inc.. (Gaza, Anne) (Entered: 03/31/2023)
3/31/2023[SEALED] Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding [VMWARE'S LETTER BRIEF COMPELLING COMPLIANCE WITH COURT ORDER AND PRODUCTION OF NON-PRIVILEGED DOCUMENTS] - re 1662 Order,,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,,,. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 03/31/2023)
3/30/2023[SEALED] Proposed Pretrial Order by Cirba IP, Inc., Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16 (Part 1), # 17 Exhibit 16 (Part 2))(Farnan, Michael) (Entered: 03/30/2023)
3/30/2023MEMORANDUM ORDER re 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti filed by VMware, Inc. is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Gregory B. Williams on 3/30/23. This order has been emailed to local counsel. (ntl) (Main Document replaced and docket text updated on 4/24/2023) (etg). (Entered: 03/30/2023)
3/29/20231662ORAL ORDER: The Court has received the parties' request for the scheduling of a discovery teleconference (D.I. 1638). IT IS HEREBY ORDERED that, not later than Friday, March 31, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than Tuesday, April 4, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Additionally, upon reviewing the motions currently pending in this action, particularly VMware's Motion for Summary Judgment No. 2 No Willful Infringement of U.S. Patent No. 9,654,367 (D.I. 1420), the Court is concerned whether evidence related to interactions with pre-amalgamated Cirba Inc. ("Pre-Inc."), the party dismissed after the first jury trial for lacking Article III standing, is admissible in the upcoming trial in view of Federal Circuit authority proscribing retroactive cures to deficiencies in Article III standing, see, e.g., Abraxis Bioscience, Inc. v. Navinta LLC, 625 F.3d 1359, 1364 (Fed. Cir. 2010) ("[I]f the original plaintiff lacked Article III initial standing, the suit must be dismissed, and the jurisdictional defect cannot be cured after the inception of the lawsuit."), and this Court's Memorandum Opinion denying Cirba's Motion to Update the Case Caption or Substitute the Parties (D.I. 1396). Accordingly, IT IS HEREBY ORDERED that, not later than Friday, March 31, 2023, each party SHALL FILE an opening supplemental letter brief not to exceed five (5) pages addressing (1) whether evidence related to interactions with Pre-Inc. is admissible in the upcoming trial given Pre-Inc.'s dismissal from this action for lack of standing; (2) what impact, if any, Cirba IP, Inc. ("IP") and Pre-Inc.'s amalgamation had on the admissibility of evidence related to Pre-Inc.; and (3) whether the impact of that amalgamation as to the admissibility of evidence related to Pre-Inc. turns on U.S. or Canadian law. Each party shall cite to all relevant authority upon which that party's position relies. Not later than Tuesday, April 4, 2023, each party SHALL FILE a responsive letter brief not to exceed five (5) pages, outlining that party's reasons for its opposition. IT IS HEREBY ORDERED that a sixty (60) minute teleconference will be held during the time originally reserved for the Pretrial Conference on Thursday, April 6 at 3:00 p.m. to discuss both the pending discovery dispute as well as the parties' views on the admissibility of Pre-Inc. evidence. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. IT IS FURTHER ORDERED that the Pretrial Conference is rescheduled to Wednesday, April 19 at 10:00 a.m. The parties shall nevertheless file their Joint Proposed Final Pretrial Order no later than March 30, 2023. Finally, for purposes of analyzing VMware, Inc.'s Motion for Judgment on the Pleadings Under Rule 12(c) and 35 U.S.C. § 101, D.I. 1433, IT IS HEREBY ORDERED that, no later than Friday, March 31, 2023, each side shall file a one (1) page letter identifying which U.S. Supreme Court or Federal Circuit case(s) it contends is most similar to the patent(s)-at issue. ORDERED by Judge Gregory B. Williams on 3/29/23. (ntl) (Entered: 03/29/2023)
3/29/20231661ORAL ORDER: Plaintiffs Cirba Inc. (d/b/a Densify) and Cirba IP, Inc. d/b/a Densify ("Plaintiffs" or "Cirba") move for leave to supplement their infringement contentions for U.S. Patent No. 8,209,687 ("the '687 patent"). D.I. 1325. Cirba's final infringement contentions were due on May 6, 2022. D.I. 1278 para. 7(e); see also D.I. 1489 para. 4(e). The Court must determine whether Cirba has demonstrated that supplementing its infringement contentions is appropriate under Federal Rule of Civil Procedure 16. See St. Clair Intellectual Prop. Consultants, Inc. v. Matsushita Elec. Indus. Co., C.A. No. 4-1436-LPS, 2012 WL 1015993, at *5 (D. Del. Mar. 26, 2012) ("The good cause standard under Federal Rule of Civil Procedure 16(b) applies to a request to amend asserted claims and infringement contentions.'" (quoting In re Papst Licensing GmbH & Co. KG Litig., 767 F. Supp. 2d 1, 8 (D.D.C. 2011))). Under Rule 16(b)(4), "[a] schedule may be modified only for good cause and with the judge's consent." "The good cause standard hinges on the diligence of the moving party; in order to show good cause, a movant must first meet the threshold requirement that it demonstrate that, despite diligence, the proposed new filing could not have reasonably been made in a timely manner." Vaxel Int'l Co., Ltd v. HealthCo LLC, C.A. No. 20-224-GBW, D.I. 226 (D. Del. June 28, 2022); see also Venetec Int'l v. Nexus Med., 541 F. Supp. 2d 612, 618 (D. Del. 2010). "The good cause standard under Rule 16(b) hinges on diligence of the movant and not on prejudice to the non-moving party." Id. The Court concludes that Cirba has not demonstrated good cause for its proposed supplementation. Cirba argues that, because the Court previously found good cause to re-open fact discovery as to alleged changes to Defendant VMware, Inc.'s ("VMware") products, see D.I. 1193, "there is good cause to update the infringement contentions." D.I. 1326 at 3. VMware responds that Cirba was required to update its final infringement contentions by May 6, 2022. D.I. 1341 at 9-10; see also D.I. 1278 para. 7(e). Cirba disagrees and argues that this date related only to the parties' newly-asserted patents. D.I. 1326 at 11. Cirba mis-reads the Scheduling Order. Nothing in the Scheduling Order states that the final infringement contentions deadline was only for newly-asserted patents. See generally D.I. 1278. In fact, the Scheduling Order states that "the following schedule [which includes the May 6, 2022 final infringement contentions deadline] shall apply to the consolidated actions." D.I. 1278 at 2. The Court's Oral Order granting additional discovery issued on March 25, 2022, and the parties jointly proposed the May 6, 2022 final infringement contentions after the Court granted Cirba's additional discovery request. See D.I. 1212 para. 7(e) (proposed Scheduling Order filed on April 8, 2022). Thus, Cirba's argument that the Court's additional discovery Oral Order essentially permitted it to supplement its contentions based on that discovery is illogical. Cirba had the opportunity to add any new evidence to its May 6, 2022 final infringement contentions. In fact, in Cirba's final infringement contentions, Cirba wrote that it "is serving updated infringement contentions for its U.S. Patent No. 8,209,687 based on the information reasonably and presently available to [Cirba] at this time, and reserves all rights to modify, amend, retract, and/or supplement those contentions as VMware continues to provide discovery responsive to the Court's Order." D.I. 1342, Ex. 1 at 2. Thus, Cirba knew that the May 6, 2022 deadline was for all patents in the consolidated action, not just the newly-asserted patents. Accordingly, Cirba has failed to act "diligently to discover that a supplement or amendment was appropriate." Bayer Cropscience AG v. Dow AgroSciences LLC, C.A. No. 10-1045 (RMB/JS), 2012 WL 12904381, at *1-2 (D. Del. Feb. 27, 2012). The Court finds Cirba's other arguments unpersuasive. See generally D.I. 1326, 1354. For the reasons stated above, the Court finds that Cirba has failed to show "good cause." IT IS HEREBY ORDERED that Cirba's Motion for Leave to Supplement Infringement Contentions, D.I. 1325, is DENIED. Because the Court denies Cirba's Motion for Leave to Supplement Infringement Contentions, D.I. 1325, IT IS ALSO HEREBY ORDERED that VMware's Motion for Leave to File a Sur-Reply in Opposition to Cirba's Motion for Leave to Supplement Infringement Contentions, D.I. 1359, is DENIED as MOOT. ORDERED by Judge Gregory B. Williams on 3/29/23. (ntl) (Entered: 03/29/2023)
3/28/2023Proposed Jury Instructions by Cirba Inc. (d/b/a Densify) Proposed Final Jury Instructions. (Farnan, Michael) (Entered: 03/28/2023)
3/28/2023VERDICT SHEET by Cirba Inc. (d/b/a Densify) . (Farnan, Michael) (Entered: 03/28/2023)
3/28/2023Proposed Jury Instructions by Cirba Inc. (d/b/a Densify) Proposed Preliminary Jury Instructions. (Farnan, Michael) (Entered: 03/28/2023)
3/28/2023Proposed Voir Dire by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 03/28/2023)
3/27/2023NOTICE OF SERVICE of VMwares Notice Pursuant to 35 U.S.C. § 282 filed by VMware, Inc..(Vrana, Robert) (Entered: 03/27/2023)
3/24/2023REDACTED VERSION of 1643 Opening Brief in Support, by VMware, Inc.. (Gaza, Anne) (Entered: 03/24/2023)
3/24/2023 STATEMENT Notice Pursuant to 35 U.S.C. § 282 by Cirba Inc. (d/b/a Densify). (Farnan, Brian) (Entered: 03/24/2023)
3/24/2023Acknowledgement of Receipt of Jury Trial Exhibits (2 boxes) by Cirba Inc. (d/b/a Densify). (ntl) (Entered: 03/24/2023)
3/22/2023Pro Hac Vice Attorney Taylor N. Mauze for Cirba IP, Inc. and Cirba Inc. (d/b/a Densify) added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) (Entered: 03/22/2023)
3/21/2023SO ORDERED, re 1651 MOTION for Pro Hac Vice Appearance of Attorney Taylor Mauze filed by Cirba Inc. (d/b/a Densify), Cirba IP, Inc. Signed by Judge Gregory B. Williams on 3/21/23. (ntl) (Entered: 03/21/2023)
3/21/2023REDACTED VERSION of 1639 Status Report by Cirba Inc. (d/b/a Densify). (Farnan, Brian) (Entered: 03/21/2023)
3/21/2023MOTION for Pro Hac Vice Appearance of Attorney Taylor Mauze - filed by Cirba IP, Inc., Cirba Inc. (d/b/a Densify). (Farnan, Brian) (Entered: 03/21/2023)
3/20/2023CORRECTING ENTRY: Corrected brief added to D.I. 1643 per request of counsel. (ntl) (Entered: 03/20/2023)
3/17/2023REDACTED VERSION of 1634 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 03/17/2023)
3/17/2023REDACTED VERSION of 1633 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 03/17/2023)
3/17/2023REDACTED VERSION of 1632 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 03/17/2023)
3/17/2023REDACTED VERSION of 1631 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 03/17/2023)
3/17/2023REDACTED VERSION of 1630 Declaration, by VMware, Inc.. (Vrana, Robert) (Entered: 03/17/2023)
3/17/2023REDACTED VERSION of 1629 Opening Brief in Support, by VMware, Inc.. (Vrana, Robert) (Entered: 03/17/2023)
3/17/2023 DECLARATION re 1642 MOTION to Sever and Stay Counterclaims //DECLARATION OF SHAUN P. DELACY by VMware, Inc.. (Attachments: # 1 Exhibit 1 through 3)(Gaza, Anne) (Entered: 03/17/2023)
3/17/2023[SEALED] OPENING BRIEF in Support re 1642 MOTION to Sever and Stay Counterclaims filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 3/31/2023. (Gaza, Anne) (Main Document 1643 replaced on 3/20/2023) (ntl). (Entered: 03/17/2023)
3/17/2023 MOTION to Sever and Stay Counterclaims - filed by VMware, Inc.. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 03/17/2023)
3/15/2023 DECLARATION re 1640 Statement of Connor S. Houghton by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Farnan, Michael) (Entered: 03/15/2023)
3/15/2023 STATEMENT re 1624 Statement Densify's Response to VMware's Supplemental Brief In Opposition to VMware's Renewed Motion for Stay by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 03/15/2023)
3/14/2023[SEALED] Joint STATUS REPORT by Cirba IP, Inc., Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 03/14/2023)
3/14/2023 Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding Request for the Scheduling of a Discovery Teleconference. (Gaza, Anne) (Entered: 03/14/2023)
3/13/20231637ORAL ORDER: IT IS HEREBY ORDERED that Defendant VMware's Motion to Compel Compliance with Court Order and Production of Non-Privileged Documents (D.I. 1628) is DENIED WITHOUT PREJUDICE. VMware's discovery motion fails to follow the discovery motion procedures outlined in the Scheduling Order. See D.I. 1489 para. 5(h). ORDERED by Judge Gregory B. Williams on 3/13/23. (ntl) (Entered: 03/13/2023)
3/11/2023 Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Request for Expedited Briefing - re 1635 Letter. (Farnan, Michael) (Entered: 03/11/2023)
3/10/2023 Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding Request for Expedited Briefing on VMware's Motion to Compel Compliance with Court Order and Production of Non-Privileged Documents (D.I. 1628). (Gaza, Anne) (Entered: 03/10/2023)
3/10/2023[SEALED] EXHIBIT re 1630 Declaration, [VOLUME 4 OF 4 (EXHIBITS 25-35)] by VMware, Inc.. (Gaza, Anne) (Entered: 03/10/2023)
3/10/2023[SEALED] EXHIBIT re 1630 Declaration, [VOLUME 3 OF 4 (EXHIBIT 24)] by VMware, Inc.. (Gaza, Anne) (Entered: 03/10/2023)
3/10/2023[SEALED] EXHIBIT re 1630 Declaration, [VOLUME 2 OF 4 (EXHIBIT 23)] by VMware, Inc.. (Gaza, Anne) (Entered: 03/10/2023)
3/10/2023[SEALED] EXHIBIT re 1630 Declaration, [VOLUME 1 OF 4 (EXHIBITS 1-22)] by VMware, Inc.. (Gaza, Anne) (Entered: 03/10/2023)
3/10/2023[SEALED] DECLARATION re 1629 Opening Brief in Support, 1628 MOTION [VMWARE, INC.'S MOTION TO COMPEL COMPLIANCE WITH COURT ORDER AND PRODUCTION OF NON-PRIVILEGED DOCUMENTS] re 1612 Order Cancelling Deadline,,,,, [DECLARATION OF YUE LI] by VMware, Inc.. (Gaza, Anne) (Entered: 03/10/2023)
3/10/2023[SEALED] OPENING BRIEF in Support re 1628 MOTION [VMWARE, INC.'S MOTION TO COMPEL COMPLIANCE WITH COURT ORDER AND PRODUCTION OF NON-PRIVILEGED DOCUMENTS] re 1612 Order Cancelling Deadline,,,,, filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 3/24/2023. (Gaza, Anne) (Entered: 03/10/2023)
3/10/2023 MOTION [VMWARE, INC.'S MOTION TO COMPEL COMPLIANCE WITH COURT ORDER AND PRODUCTION OF NON-PRIVILEGED DOCUMENTS] re 1612 Order Cancelling Deadline,,,,, - filed by VMware, Inc.. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 03/10/2023)
3/9/2023NOTICE to Take Deposition of Gerry Smith on March 10, 2023 filed by VMware, Inc..(Vrana, Robert) (Entered: 03/09/2023)
3/9/2023MEMORANDUM ORDER re 1238 MOTION for Injunctive Relief filed by Cirba Inc. is DENIED. Signed by Judge Gregory B. Williams on 3/9/23. (ntl) (Entered: 03/09/2023)
3/8/2023 DECLARATION re 1624 Statement [DECLARATION OF STEPHEN LIU] by VMware, Inc.. (Attachments: # 1 Exhibit A-J)(Vrana, Robert) (Entered: 03/08/2023)
3/8/2023 STATEMENT re 1622 Stipulation, 1362 MOTION to Stay [Renewed] [VMWARE'S SUPPLEMENTAL BRIEF IN SUPPORT OF ITS RENEWED MOTION FOR STAY] by VMware, Inc.. (Vrana, Robert) (Entered: 03/08/2023)
3/7/20231623ORAL ORDER: Having reviewed the parties' briefs relating to Defendant's Motion to Bifurcate Trial (D.I. 1584), D.I. 1585, 1595, 1601, IT IS HEREBY ORDERED that Defendant's Motion to Bifurcate Trial (D.I. 1584) is DENIED. Federal Rule of Civil Procedure 42(b) permits the Court to order a separate trial of one or more separate issues "[f]or convenience, to avoid prejudice, or to expedite and economize...." If a party moves for bifurcation, it has the burden to establish that bifurcation "is appropriate." SenoRx, Inc. v. Hologic, Inc., 920 F. Supp. 2d 565, 567 (D. Del. 2013) (citations omitted); Sprint Commc'ns Co. L.P. v. Charter Commc'ns, Inc., 2021 WL 982730, at *1 (D. Del. Mar. 16, 2021). The district court has "broad discretion" when it decides "whether to separate the issues[,]" Idzojtic v. Pennsylvania R. Co., 456 F.2d 1228, 1230 (3d Cir. 1972); see Thabault v. Chait, 541 F.3d 512, 529 (3d Cir. 2008) (citing Idzojtic, 456 F.3d at 1230), though "bifurcation remains the exception rather than the rule.'" Sprint Commc'ns, 2021 WL 982730, at *1 (citation omitted). The Court "should consider whether bifurcation will avoid prejudice, conserve judicial resources, and enhance juror comprehension....'" Id. (citation omitted); see 9A Arthur R. Miller & Charles Allan Wright, Federal Practice and Procedure § 2388 (3d ed. 2022) (explaining that decisions under Rule 42(b) are "left to the sound discretion of the trial court"). The first trial was not bifurcated, and Defendant has failed to meet its burden to establish that bifurcation is appropriate for the second trial. See SenoRx, 920 F. Supp. 2d at 567. The Court finds that a bifurcated trial would not conserve judicial resources. The Court has allocated a set time for this trial and bifurcation resulting in a jury deliberation in the middle of this trial could derail this schedule. Thus, the Court finds bifurcating the trial would not result in time saved. Because the Court denies Defendant's Motion to Bifurcate Trial (D.I. 1584), Plaintiff's Motion for Leave to File a Sur-Reply in Opposition to Defendant's Motion to Bifurcate Trial (D.I. 1607) is DENIED as MOOT. IT IS ALSO HEREBY ORDERED that, in light of the Court granting the parties' joint stipulation to sever and stay all claims relating to U.S. Patent No. 10,523,492 and U.S. Patent No. 10,951,459 (D.I. 1583), the Court will allocate six (6) days for this jury trial, with the trial beginning on April 24, 2023 (with no trial on Friday, April 28, 2023). The jury trial will resume on Monday, May 1, 2023. ORDERED by Judge Gregory B. Williams on 3/7/23. (ntl) (Entered: 03/07/2023)
3/7/2023SO ORDERED, re 1622 STIPULATION and [Proposed] Order Concerning Supplemental Briefing filed by VMware, Inc. Signed by Judge Gregory B. Williams on 3/7/23. (ntl) (Entered: 03/07/2023)
3/6/2023 STIPULATION and [Proposed] Order Concerning Supplemental Briefing by VMware, Inc.. (Vrana, Robert) (Entered: 03/06/2023)
2/21/2023 REPLY BRIEF re 1607 MOTION for Leave to File a Sur-Reply in Opposition to VMware's Motion to Bifurcate Trial filed by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 02/21/2023)
2/21/2023REDACTED VERSION of 1618 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 02/21/2023)
2/21/2023NOTICE requesting Clerk to remove Wesley White as co-counsel.. (Farnan, Michael) (Entered: 02/21/2023)
2/14/2023[SEALED] DECLARATION re 1617 Answering Brief in Opposition [DECLARATION OF YUE LI] by VMware, Inc.. (Gaza, Anne) (Entered: 02/14/2023)
2/14/2023 ANSWERING BRIEF in Opposition re 1607 MOTION for Leave to File a Sur-Reply in Opposition to VMware's Motion to Bifurcate Trial filed by VMware, Inc..Reply Brief due date per Local Rules is 2/21/2023. (Gaza, Anne) (Entered: 02/14/2023)
2/13/2023REDACTED VERSION of 1611 Letter, by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibits A-I)(Farnan, Brian) (Entered: 02/13/2023)
2/10/2023REDACTED VERSION of 1609 Letter by VMware, Inc.. (Vrana, Robert) (Entered: 02/10/2023)
2/10/2023NOTICE to Take Deposition of Gerry Smith on February 21, 2023 filed by VMware, Inc..(Vrana, Robert) (Entered: 02/10/2023)
2/10/2023REDACTED VERSION of 1607 MOTION for Leave to File a Sur-Reply in Opposition to VMware's Motion to Bifurcate Trial by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Farnan, Brian) (Entered: 02/10/2023)
2/8/20231612ORAL ORDER: Having reviewed the parties' respective letters (D.I. 1609, 1611), IT IS HEREBY ORDERED that Plaintiffs Cirba, Inc. (d/b/a/ DENSIFY) and Cirba IP, Inc. (collectively, Plaintiffs) shall produce, on or before February 16, 2023, (1) documents that corroborate statements in their closing argument at the January 2020 trial, and (2) re-produce DSY608893 and its family members. With respect to the documents corroborating statements in Plaintiffs' closing argument, Plaintiffs are improperly using privilege as a sword and a shield. Medtronic v. Guidant, 378 F. Supp. 2d 503, 505 n.2 (D. Del. 2005) (finding privilege waived because defendants were using the attorney-client privilege "as both a sword and shield"). Plaintiffs disclosed privileged communications in their closing argument and, by doing so, waived any purported privilege. With respect to DSY608893 and its family members, the Court finds Plaintiffs conduct was anything but inadvertent. See D.I. 111 para. 60. Both parties heavily relied on the documents at issue in discovery and Plaintiffs failed to take reasonable steps to rectify the issue. Thus, Plaintiffs waived any purported privilege to such documents. In light of this ORAL ORDER, the discovery teleconference scheduled for Thursday, February 9, 2023 is CANCELLED. ORDERED by Judge Gregory B. Williams on 2/8/23. (ntl) (Entered: 02/08/2023)
2/6/2023[SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Response to VMware's February 3, 2023 Letter - re 1609 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Farnan, Michael) (Entered: 02/06/2023)
2/6/2023NOTICE requesting Clerk to remove Michael G. Flanigan as co-counsel.. (Farnan, Michael) (Entered: 02/06/2023)
2/3/2023[SEALED] Letter to Judge Williams from Anne Shea Gaza regarding VMware's Motion to Compel - re 1604 Order Setting Teleconference,,,. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1-15)(Gaza, Anne) (Entered: 02/03/2023)
2/3/2023REDACTED VERSION of 1601 Reply Brief by VMware, Inc.. (Vrana, Robert) (Entered: 02/03/2023)
2/2/2023[SEALED] MOTION for Leave to File a Sur-Reply in Opposition to VMware's Motion to Bifurcate Trial - filed by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Farnan, Michael) (Entered: 02/02/2023)
2/2/2023REQUEST for Oral Argument by VMware, Inc. re 1584 MOTION to Bifurcate Trial. (Vrana, Robert) (Entered: 02/02/2023)
1/30/2023NOTICE requesting Clerk to remove Aisha M. Haley as co-counsel.. (Farnan, Michael) (Entered: 01/30/2023)
1/30/20231604ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference, D.I. 1600, IT IS HEREBY ORDERED that a discovery teleconference will be held on Thursday, February 9, 2023 at 10:30 a.m. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. By no later than 5:00 p.m. on Friday, February 3, 2023, Defendant shall file with the Court a letter, not to exceed three (3) pages and in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than 5:00 p.m. on Monday, February 6, 2023, Plaintiffs shall file a letter, not to exceed three (3) pages and in no less than 12-point font, outlining their positions and reasons for their positions. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. ORDERED by Judge Gregory B. Williams on 1/30/23. (ntl) (Entered: 01/30/2023)
1/27/2023 DECLARATION re 1601 Reply Brief, 1586 Declaration [SUPPLEMENTAL DECLARATION OF YUE LI IN SUPPORT OF VMWARE'S REPLY IN SUPPORT OF MOTION TO BIFURCATE TRIAL] by VMware, Inc.. (Vrana, Robert) (Entered: 01/27/2023)
1/27/2023Amended PROPOSED ORDER GRANTING VMWARE, INC.'S RULE 42(B) MOTION TO BIFURCATE TRIAL re 1584 MOTION to Bifurcate Trial by VMware, Inc.. (Vrana, Robert) (Entered: 01/27/2023)
1/27/2023[SEALED] REPLY BRIEF re 1584 MOTION to Bifurcate Trial filed by VMware, Inc.. (Vrana, Robert) (Entered: 01/27/2023)
1/27/2023 Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding Joint Request for the Scheduling of a Discovery Teleconference. (Gaza, Anne) (Entered: 01/27/2023)
1/27/2023REDACTED VERSION of 1596 Declaration, by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibits 1-6)(Farnan, Brian) (Entered: 01/27/2023)
1/27/2023REDACTED VERSION of 1595 Answering Brief in Opposition by Cirba Inc. (d/b/a Densify). (Farnan, Brian) (Entered: 01/27/2023)
1/24/2023NOTICE requesting Clerk to remove Diek O. Van Nort as co-counsel.. (Vrana, Robert) (Entered: 01/24/2023)
1/20/2023[SEALED] DECLARATION re 1595 Answering Brief in Opposition of Connor S. Houghton by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Farnan, Michael) (Entered: 01/20/2023)
1/20/2023[SEALED] ANSWERING BRIEF in Opposition re 1584 MOTION to Bifurcate Trial filed by Cirba Inc. (d/b/a Densify).Reply Brief due date per Local Rules is 1/27/2023. (Farnan, Michael) (Entered: 01/20/2023)
1/17/20231594ORAL ORDER: IT IS HEREBY ORDERED that the final pretrial conference set for Monday, April 10, 2023, at 10:00 AM is hereby RESCHEDULED for Thursday, April 6, 2023 at 3:00 PM in Courtroom 6B. ORDERED by Judge Gregory B. Williams on 1/17/23. (ntl) (Entered: 01/17/2023)
1/13/2023REDACTED VERSION of 1588 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 01/13/2023)
1/13/2023REDACTED VERSION of 1587 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 01/13/2023)
1/13/2023REDACTED VERSION of 1586 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 01/13/2023)
1/13/2023REDACTED VERSION of 1585 Opening Brief in Support by VMware, Inc.. (Vrana, Robert) (Entered: 01/13/2023)
1/9/2023NOTICE requesting Clerk to remove Julie M.K. Siegal as co-counsel.. (Farnan, Michael) (Entered: 01/09/2023)
1/6/2023[SEALED] EXHIBIT re 1586 Declaration of Yue Li - [Exhibit 19] by VMware, Inc.. (Vrana, Robert) (Entered: 01/06/2023)
1/6/2023[SEALED] EXHIBIT re 1586 Declaration of Yue Li - [Exhibits 1-18] by VMware, Inc.. (Vrana, Robert) (Entered: 01/06/2023)
1/6/2023[SEALED] DECLARATION re 1585 Opening Brief in Support, 1584 MOTION to Bifurcate Trial [Declaration of Yue Li] by VMware, Inc.. (Vrana, Robert) (Entered: 01/06/2023)
1/6/2023[SEALED] OPENING BRIEF in Support re 1584 MOTION to Bifurcate Trial filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 1/20/2023. (Vrana, Robert) (Entered: 01/06/2023)
1/6/2023 MOTION to Bifurcate Trial - filed by VMware, Inc.. (Attachments: # 1 7.1.1 Certification)(Vrana, Robert) (Entered: 01/06/2023)
1/4/2023SO ORDERED, re 1583 STIPULATION and [Proposed] Order to Sever and Stay Claims Related to '492 and '459 Patents filed by Cirba Inc. (d/b/a Densify). Signed by Judge Gregory B. Williams on 1/4/23. (ntl) (Entered: 01/04/2023)
1/3/2023 STIPULATION and [Proposed] Order to Sever and Stay Claims Related to `492 and `459 Patents by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 01/03/2023)
12/30/2022REQUEST for Oral Argument by VMware, Inc. re 1415 MOTION for Summary Judgment [NO. 1 NO TRADEMARK CLAIMS], 1416 MOTION to Exclude Rule 26(A)(2)(C) Testimony of Dr. Anne Holler , 1422 MOTION for Summary Judgment [NO. 3 NON-INFRINGEMENT OF U.S. PATENT NO. 8,209,687], 1420 MOTION for Summary Judgment [NO. 2 NO WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,654,367], 1424 MOTION for Summary Judgment [NO. 4 FAILURE TO MARK FOR U.S. PATENT NO. 8,209,687], 1438 MOTION [TO EXCLUDE EXPERT TESTIMONY OF JIM BERGMAN] , 1439 MOTION [TO EXCLUDE EXPERT TESTIMONY OF DR. VIJAY MADISETTI] , 1428 MOTION for Summary Judgment [NO. 5 NO INDUCED INFRINGEMENT OF U.S. PATENT NO. 8,209,687]. (Vrana, Robert) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1567 Declaration, by VMware, Inc.. (Vrana, Robert) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1565 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1561 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1566 Reply Brief,,,, by VMware, Inc.. (Vrana, Robert) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1564 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1563 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1562 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1560 Statement, by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1559 Reply Brief by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1558 Statement, by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1557 Declaration by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 8)(Farnan, Michael) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1556 Reply Brief by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1555 Declaration by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibits 11-13)(Farnan, Michael) (Entered: 12/30/2022)
12/30/2022REDACTED VERSION of 1554 Reply Brief by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/30/2022)
12/23/2022[SEALED] DECLARATION re 1566 Reply Brief,,,, [DECLARATION OF YUE LI IN SUPPORT OF VMWARE'S REPLY BRIEF IN SUPPORT OF DISPOSITIVE MOTIONS UNDER RULES 56, 12(B)(1), AND 12(C) AND MOTIONS TO EXCLUDE EXPERT TESTIMONY] by VMware, Inc.. (Gaza, Anne) (Entered: 12/23/2022)
12/23/2022[SEALED] REPLY BRIEF re 1415 MOTION for Summary Judgment [NO. 1 NO TRADEMARK CLAIMS], 1422 MOTION for Summary Judgment [NO. 3 NON-INFRINGEMENT OF U.S. PATENT NO. 8,209,687], 1433 MOTION for Judgment on the Pleadings [VMWARE, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO U.S. PATENT NOS. 8,209,687 AND 10,951,459 UNDER RULE 12(C) AND 35 § U.S.C. 101], 1431 MOTION to Dismiss Based upon [VMWARE, INC.'S RULES 12(B)(1) AND 12(C) MOTION REGARDING CIRBA'S COUNTERCLAIM OF U.S. PATENT NO. 10,523,492], 1420 MOTION for Summary Judgment [NO. 2 NO WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,654,367], 1424 MOTION for Summary Judgment [NO. 4 FAILURE TO MARK FOR U.S. PATENT NO. 8,209,687], 1438 MOTION [TO EXCLUDE EXPERT TESTIMONY OF JIM BERGMAN] , 1439 MOTION [TO EXCLUDE EXPERT TESTIMONY OF DR. VIJAY MADISETTI] , 1428 MOTION for Summary Judgment [NO. 5 NO INDUCED INFRINGEMENT OF U.S. PATENT NO. 8,209,687] [VMWARE'S OMNIBUS REPLY BRIEF IN SUPPORT OF DISPOSITIVE MOTIONS UNDER RULES 56, 12(B)(1), AND 12(C) AND MOTIONS TO EXCLUDE EXPERT TESTIMONY] filed by VMware, Inc.. (Gaza, Anne) (Entered: 12/23/2022)
12/23/2022[SEALED] STATEMENT re 1508 Statement, [VMWARE'S RESPONSE TO CIRBA'S STATEMENT OF MATERIAL FACTS REGARDING SUMMARY JUDGMENT #5 NO INDUCED INFRINGEMENT ('687 PATENT)] by VMware, Inc.. (Gaza, Anne) (Entered: 12/23/2022)
12/23/2022[SEALED] STATEMENT re 1507 Statement, [VMWARE'S RESPONSE TO CIRBA'S STATEMENT OF MATERIAL FACTS REGARDING SUMMARY JUDGMENT #4 FAILURE TO MARK ('687 PATENT)] by VMware, Inc.. (Gaza, Anne) (Entered: 12/23/2022)
12/23/2022[SEALED] STATEMENT re 1506 Statement, [VMWARE'S RESPONSE TO CIRBA'S STATEMENT OF MATERIAL FACTS REGARDING SUMMARY JUDGMENT #3 NON-INFRINGEMENT ('687 PATENT)] by VMware, Inc.. (Gaza, Anne) (Entered: 12/23/2022)
12/23/2022[SEALED] STATEMENT re 1505 Statement, [VMWARE'S RESPONSE TO CIRBA'S STATEMENT OF MATERIAL FACTS REGARDING SUMMARY JUDGMENT #2 NO WILLFUL INFRINGEMENT ('367 PATENT)] by VMware, Inc.. (Gaza, Anne) (Entered: 12/23/2022)
12/23/2022[SEALED] STATEMENT re 1504 Statement, [VMWARE'S RESPONSE TO CIRBA'S STATEMENT OF MATERIAL FACTS REGARDING SUMMARY JUDGMENT #1 NO TRADEMARK CLAIM] by VMware, Inc.. (Gaza, Anne) (Entered: 12/23/2022)
12/23/2022[SEALED] STATEMENT re 1523 Statement, Densify's Response to VMware's Responsive Statement of Material Facts To Be Tried Regarding Summary Judgment #2 (No Inequitable Conduct) by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/23/2022)
12/23/2022[SEALED] REPLY BRIEF re 1434 MOTION for Summary Judgment #2 of No Inequitable Conduct or Unclean Hands filed by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/23/2022)
12/23/2022[SEALED] STATEMENT re 1520 Statement, Densify's Response to VMware's Responsive Statement of Material Facts to Be Tried Regarding Summary Judgment #1 (Non-Infringement of `151 Patent) by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/23/2022)
12/23/2022[SEALED] DECLARATION re 1556 Reply Brief of Philip J. Eklem by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 8)(Farnan, Michael) (Entered: 12/23/2022)
12/23/2022[SEALED] REPLY BRIEF re 1425 MOTION for Summary Judgment #1 of Non-Infringement of the '151 Patent filed by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/23/2022)
12/23/2022[SEALED] DECLARATION re 1554 Reply Brief of Connor S. Houghton by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13)(Farnan, Michael) (Entered: 12/23/2022)
12/23/2022[SEALED] REPLY BRIEF re 1416 MOTION to Exclude Rule 26(A)(2)(C) Testimony of Dr. Anne Holler filed by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/23/2022)
12/21/2022NOTICE of Change of Address by Michael J. Farnan (Farnan, Michael) (Entered: 12/21/2022)
12/20/2022REDACTED VERSION of 1526 Exhibit to a Document, by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1525 Exhibit to a Document, by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1524 Declaration, by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1523 Statement, by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1522 Answering Brief in Opposition by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1521 Declaration, by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1520 Statement, by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1519 Answering Brief in Opposition by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1518 Declaration, by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1517 Answering Brief in Opposition by VMware, Inc.. (Vrana, Robert) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1516 Declaration of Gerald William Smith by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1515 Declaration of Andrew Hillier by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1514 Declaration of Connor S. Houghton by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1513 Statement, Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 5 - No Induced Infringement Of U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1512 Statement, Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 4 - Failure To Mark For U.S Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1511 Statement, Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 3 - Non-Infringement Of U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1510 Statement, Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 2 - No Willful Infringement (`367 Patent) by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1509 Statement, Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 1 - No Trademark Claims by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1508 Statement, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 5 - No Induced Infringement Of U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1507 Statement, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 4 - Failure To Mark For U.S Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1506 Statement, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 3 - Non-Infringement Of U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1505 Statement, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 2 - No Willful Infringement (`367 Patent) by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1504 Statement, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 1 - No Trademark Claims by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1503 Appendix,,, by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibits 1-3, # 2 Exhibits 4-23, # 3 Exhibits 24-149, # 4 Exhibits 150-260, # 5 Exhibits 261-303, # 6 Exhibits 304-336, # 7 Exhibits 337-343)(Farnan, Michael) (Entered: 12/20/2022)
12/20/2022REDACTED VERSION of 1502 Answering Brief in Opposition,,,, by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/20/2022)
12/19/2022REDACTED VERSION of 1499 Letter, by VMware, Inc.. (Vrana, Robert) (Entered: 12/19/2022)
12/13/2022[SEALED] EXHIBIT re 1524 Declaration, [VOLUME III OF III (EXHIBITS J-R) TO THE DECLARATION OF STEPHEN JUNG HOON LIU IN SUPPORT OF VMWARE'S ANSWERING BRIEF IN OPPOSITION TO CIRBA'S MOTION FOR SUMMARY JUDGMENT #2 NO INEQUITABLE CONDUCT] by VMware, Inc.. (Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] EXHIBIT re 1524 Declaration, [VOLUME II OF III (EXHIBITS E-I) TO THE DECLARATION OF STEPHEN JUNG HOON LIU IN SUPPORT OF VMWARE'S ANSWERING BRIEF IN OPPOSITION TO CIRBA'S MOTION FOR SUMMARY JUDGMENT #2 NO INEQUITABLE CONDUCT] by VMware, Inc.. (Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] DECLARATION re 1522 Answering Brief in Opposition [VOLUME I OF III of DECLARATION OF STEPHEN JUNG HOON LIU IN SUPPORT OF VMWARE'S ANSWERING BRIEF IN OPPOSITION TO CIRBA'S MOTION FOR SUMMARY JUDGMENT #2 NO INEQUITABLE CONDUCT (INCLUDES EXHIBITS A-D)] by VMware, Inc.. (Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1436 Statement [VMWARE'S RESPONSE TO CIRBA'S STATEMENT OF MATERIAL FACTS AND RESPONSIVE STATEMENT OF MATERIAL FACTS TO BE TRIED REGARDING SUMMARY JUDGMENT #2 (NO INEQUITABLE CONDUCT)] by VMware, Inc.. (Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] ANSWERING BRIEF in Opposition re 1434 MOTION for Summary Judgment #2 of No Inequitable Conduct or Unclean Hands filed by VMware, Inc..Reply Brief due date per Local Rules is 12/20/2022. (Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] DECLARATION re 1519 Answering Brief in Opposition [DECLARATION OF FAHD H. PATEL IN SUPPORT OF VMWARE'S ANSWERING BRIEF IN OPPOSITION TO CIRBA'S MOTION FOR SUMMARY JUDGMENT #1 NON-INFRINGEMENT OF THE '151 PATENT] by VMware, Inc.. (Attachments: # 1 Exhibit A-E)(Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1430 Statement [VMWARE'S RESPONSE TO CIRBA'S STATEMENT OF MATERIAL FACTS AND RESPONSIVE STATEMENT OF MATERIAL FACTS TO BE TRIED REGARDING SUMMARY JUDGMENT #1 (NON-INFRINGEMENT OF '151 PATENT)] by VMware, Inc.. (Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] ANSWERING BRIEF in Opposition re 1425 MOTION for Summary Judgment #1 of Non-Infringement of the '151 Patent filed by VMware, Inc..Reply Brief due date per Local Rules is 12/20/2022. (Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] DECLARATION re 1517 Answering Brief in Opposition [DECLARATION OF YUE LI IN SUPPORT OF VMWARE'S ANSWERING BRIEF IN OPPOSITION TO CIRBA'S MOTION TO EXCLUDE RULE 26(a)(2)(C) TESTIMONY OF DR. ANNE HOLLER] by VMware, Inc.. (Attachments: # 1 Exhibit A, # 2 Certificate of Compliance B)(Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] ANSWERING BRIEF in Opposition re 1416 MOTION to Exclude Rule 26(A)(2)(C) Testimony of Dr. Anne Holler filed by VMware, Inc..Reply Brief due date per Local Rules is 12/20/2022. (Gaza, Anne) (Entered: 12/13/2022)
12/13/2022[SEALED] DECLARATION re 1502 Answering Brief in Opposition,,,, of Gerald William Smith by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] DECLARATION re 1502 Answering Brief in Opposition,,,, of Andrew Hillier by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] DECLARATION re 1502 Answering Brief in Opposition,,,, of Connor S. Houghton by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1429 Statement Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 5 - No Induced Infringement Of U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1426 Statement Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 4 - Failure To Mark For U.S Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1423 Statement Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 3 - Non-Infringement Of U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1421 Statement Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 2 - No Willful Infringement (`367 Patent) by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1418 Statement Densify's Response To VMware's Statement Of Material Facts In Support Of VMware's Motion For Summary Judgment No. 1 - No Trademark Claims by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1502 Answering Brief in Opposition,,,, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 5 - No Induced Infringement Of U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1502 Answering Brief in Opposition,,,, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 4 - Failure To Mark For U.S Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1502 Answering Brief in Opposition,,,, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 3 - Non-Infringement Of U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1502 Answering Brief in Opposition,,,, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 2 - No Willful Infringement (`367 Patent) by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] STATEMENT re 1502 Answering Brief in Opposition,,,, Densify's Statement Of Material Facts In Support Of Its Opposition To VMware's Motion For Summary Judgment No. 1 - No Trademark Claims by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] APPENDIX re 1502 Answering Brief in Opposition,,,, by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibits 1-3, # 2 Exhibits 4-8, # 3 Exhibits 9-11, # 4 Exhibits 12-30, # 5 Exhibits 31-52, # 6 Exhibits 53-70, # 7 Exhibits 71-95, # 8 Exhibits 96-108, # 9 Exhibits 109-125, # 10 Exhibits 126-150, # 11 Exhibits 151-170, # 12 Exhibits 171-193, # 13 Exhibits 194-200, # 14 Exhibits 201-206, # 15 Exhibits 207-214, # 16 Exhibits 215-217, # 17 Exhibit 218, # 18 Exhibits 219-221, # 19 Exhibits 222-236, # 20 Exhibits 237-264, # 21 Exhibits 265-274, # 22 Exhibits 275-279, # 23 Exhibits 280-282, # 24 Exhibits 283-286, # 25 Exhibits 287-300, # 26 Exhibits 301-306, # 27 Exhibits 307-316, # 28 Exhibits 317-326, # 29 Exhibits 327-335, # 30 Exhibits 336-343)(Farnan, Michael) (Entered: 12/13/2022)
12/13/2022[SEALED] ANSWERING BRIEF in Opposition re 1415 MOTION for Summary Judgment [NO. 1 NO TRADEMARK CLAIMS], 1422 MOTION for Summary Judgment [NO. 3 NON-INFRINGEMENT OF U.S. PATENT NO. 8,209,687], 1433 MOTION for Judgment on the Pleadings [VMWARE, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO U.S. PATENT NOS. 8,209,687 AND 10,951,459 UNDER RULE 12(C) AND 35 § U.S.C. 101], 1431 MOTION to Dismiss Based upon [VMWARE, INC.'S RULES 12(B)(1) AND 12(C) MOTION REGARDING CIRBA'S COUNTERCLAIM OF U.S. PATENT NO. 10,523,492], 1420 MOTION for Summary Judgment [NO. 2 NO WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,654,367], 1424 MOTION for Summary Judgment [NO. 4 FAILURE TO MARK FOR U.S. PATENT NO. 8,209,687], 1438 MOTION [TO EXCLUDE EXPERT TESTIMONY OF JIM BERGMAN] , 1439 MOTION [TO EXCLUDE EXPERT TESTIMONY OF DR. VIJAY MADISETTI] , 1428 MOTION for Summary Judgment [NO. 5 NO INDUCED INFRINGEMENT OF U.S. PATENT NO. 8,209,687] filed by Cirba Inc. (d/b/a Densify).Reply Brief due date per Local Rules is 12/20/2022. (Farnan, Michael) (Entered: 12/13/2022)
12/13/2022 Letter to The Honorable Gregory B. Williams from Samantha G. Wilson regarding Request to Schedule a Teleconference to Address VMware's Motion to Strike the Expert Reports of Dr. Vijay Madisetti - re 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti. (Wilson, Samantha) (Entered: 12/13/2022)
12/12/2022NOTICE of Appearance by Brian E. Farnan on behalf of Cirba Inc. (d/b/a Densify) (Farnan, Brian) (Entered: 12/12/2022)
12/12/2022[SEALED] Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding VMware's Reply Letter Brief re: Motion to Strike the Expert Reports of Dr. Vijay Madisetti - re 1409 Letter, 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti, 1494 Letter,. (Attachments: # 1 Exhibit I)(Gaza, Anne) (Entered: 12/12/2022)
12/12/2022REDACTED VERSION of 1494 Letter, by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 12/12/2022)
12/9/20221497ORAL ORDER: In light of the Court entering the amended Scheduling Order, D.I. 1489, and for the parties' clarification, the previously scheduled January 6, 2023 oral argument related to case dispositive and Daubert motions, D.I. 968 at Paragraph 18(c), is cancelled. If necessary, the Court will reschedule oral argument related to case dispositive and Daubert motions at a later date. Ordered by Judge Gregory B. Williams on 12/9/2022. (etg) (Entered: 12/09/2022)
12/7/2022 NOTICE of Regarding Related Proceedings Before The Patent Trial and Appeal Board by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 12/07/2022)
12/6/2022NOTICE OF SUBSTITUTION OF COUNSEL re Cirba Inc. (d/b/a Densify): Entry of appearance of attorney Michael J. Farnan. Attorney Morris James LLP terminated. (Farnan, Michael) (Entered: 12/06/2022)
12/5/2022[SEALED] Letter to The Honorable Gregory B. Williams from Kenneth L. Dorsney regarding Densify's response to VMware's motion to strike - re 1409 Letter, 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti. (Dorsney, Kenneth) (Entered: 12/05/2022)
12/4/2022 NOTICE of Related Proceedings Before the Patent Trial and Appeal Board by Cirba IP, Inc. (Attachments: # 1 Exhibit Exhibit A)(Hitch, Cortlan) (Entered: 12/04/2022)
12/4/2022 NOTICE of Subsequent Authority by VMware, Inc. re 1422 MOTION for Summary Judgment [NO. 3 NON-INFRINGEMENT OF U.S. PATENT NO. 8,209,687], 1439 MOTION [TO EXCLUDE EXPERT TESTIMONY OF DR. VIJAY MADISETTI] , 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 12/04/2022)
12/2/2022NOTICE requesting Clerk to remove Nathan B. Sabri as co-counsel.. (Vrana, Robert) (Entered: 12/02/2022)
11/30/20221490ORAL ORDER: Having reviewed the parties' Joint Interim Status Report, D.I. 1404, and the parties' respective letter briefing regarding VMware, Inc.'s ("VMware") request to appoint a neutral expert or, in the alternative, a technical advisor, D.I. 1413; D.I. 1455, IT IS HEREBY ORDERED that VMware's request to appoint a neutral expert or, in the alternative, a technical advisor is DENIED. Pursuant to Rule 706 of the Federal Rules of Evidence, a court has discretion to appoint an independent expert witness. Fed. R. Evid. 706. "The most important factor in favor of appointing an expert is that the case involves a complex or esoteric subject beyond the trier-of-fact's ability to adequately understand without expert assistance. A trial judge does not abuse his discretion in declining to appoint an independent expert solely to benefit a party who has otherwise failed to gather such evidence as would suffice to overcome summary judgment." Ford v. Mercer Cnty. Corr. Ctr., 171 F. App'x 416, 420 (3d Cir. 2006) (quotation and citation omitted). "[T]he exercise of Rule 706 powers is rare under virtually any circumstances." 29 Fed. Prac. & Proc. Evid. § 6304 (2d ed.); see also Fed. R. Evid. 706 Adv. Comm. Notes ("[E]xperience indicates that actual appointment is a relatively infrequent occurrence."). Similarly, "[a] district court's appointment of a technical advisor, [while] outside of the purview of Rule 706 of the Federal Rules of Evidence, falls within the district court's inherent authority[.]" TechSearch, L.L.C. v. Intel Corp., 286 F.3d 1360, 1378 (Fed. Cir. 2002). First, the appointment of a neutral expert or technical advisor would be a waste of the Court's and parties' time and resources. Second, this case was previously tried in January 2020 without the Court appointing a neutral expert or technical expert. Thus, the facts of this case are not too complex for this Court or the jury. "The fact that the parties' experts have a divergence of opinion does not require the district court to appoint experts to aid in resolving such conflicts." See Oklahoma Nat. Gas Co., a Div. of ONEOK v. Mahan & Rowsey, Inc., 786 F.2d 1004, 1007 (10th Cir. 1986). Evaluating evidence and making credibility determinations are quintessential functions of a jury. Third, VMware waited until the eleventh hour, on the eve of retrial, to file this request. Fourth, patent cases are routinely tried without the appointment of a neutral expert or technical advisor. This case is no different. Thus, the Court denies VMware's request to appoint a neutral expert or, in the alternative, a technical advisor, D.I. 1413. ORDERED by Judge Gregory B. Williams on 11/30/22. (ntl) (Entered: 11/30/2022)
11/29/2022SCHEDULING ORDER (See Order for further details). Signed by Judge Gregory B. Williams on 11/28/22. (ntl) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1437 Declaration, of Aisha Mahmood Haley by Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1432 Declaration, of Philip J. Eklem by Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1419 Declaration executed by Connor S. Houghton by Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1454 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1453 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1452 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1451 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1450 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1449 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1448 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1447 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1446 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1445 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1444 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1443 Exhibit to a Document, by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1442 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1441 Declaration,,,, by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1429 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1426 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1423 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1421 Statement by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1440 Opening Brief in Support,,,,, by VMware, Inc.. (Vrana, Robert) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1436 Statement re 1434 MOTION for Summary Judgment #2 of No Inequitable Conduct or Unclean Hands by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1435 Opening Brief in Support OPENING BRIEF in Support re 1434 MOTION for Summary Judgment #2 of No Inequitable Conduct or Unclean Hands by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1430 Statement MOTION for Summary Judgment #1 of Non-Infringement of the '151 Paten by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1427 Opening Brief in Support, in Support re 1425 MOTION for Summary Judgment #1 of Non-Infringement of the '151 Patent by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/29/2022)
11/29/2022REDACTED VERSION of 1417 Opening Brief in Support in Support re 1416 MOTION to Exclude Rule 26(A)(2)(C) Testimony of Dr. Anne Holler by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/29/2022)
11/28/2022REDACTED VERSION of 1409 Letter, by VMware, Inc.. (Vrana, Robert) (Entered: 11/28/2022)
11/28/2022REDACTED VERSION of 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti by VMware, Inc.. (Vrana, Robert) (Entered: 11/28/2022)
11/28/2022REDACTED VERSION of 1413 Letter, by VMware, Inc.. (Vrana, Robert) (Entered: 11/28/2022)
11/28/2022REDACTED VERSION of 1412 Exhibit to a Document, by VMware, Inc.. (Vrana, Robert) (Entered: 11/28/2022)
11/28/2022REDACTED VERSION of 1411 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/28/2022)
11/28/2022REDACTED VERSION of 1410 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 11/28/2022)
11/28/2022CORRECTING ENTRY: Corrected documents added to D.I. 1442 and D.I. 1454 per request of counsel. (ntl) (Entered: 11/28/2022)
11/28/2022CORRECTING ENTRY: Corrected document added to D.I. 1455 per request of counsel. (ntl) (Entered: 11/28/2022)
11/23/2022 Letter to The Honorable Gregory B. Williams from Cortlan S. Hitch regarding response to VMware's letter re technical advisor - re 1413 Letter, 1405 Order,,,,,,,,,,,. (Hitch, Cortlan) (Main Document 1455 replaced on 11/28/2022) (ntl). (Entered: 11/23/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME XIV OF XIV - EXHIBITS 55-59 TO THE DECLARATION OF YUE LI] by VMware, Inc. (Gaza, Anne) (Main Document 1454 replaced on 11/28/2022) (ntl). Modified on 11/28/2022 (ntl). (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME XIII OF XIV - EXHIBITS 50-54 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 50, # 2 51, # 3 52, # 4 53, # 5 54)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME XII OF XIV - EXHIBIT 49 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 29, # 2 30, # 3 31)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME XI OF XIV - EXHIBIT 49 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 26, # 2 27, # 3 28)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME X OF XIV EXHIBIT 49 - TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 22, # 2 23, # 3 24, # 4 25)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME IX OF XIV - EXHIBIT 49 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 20, # 2 21)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME VIII OF XIV - EXHIBIT 49 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 18, # 2 19)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME VII OF XIV - EXHIBIT 49 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 12, # 2 13, # 3 14, # 4 15, # 5 16, # 6 17)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME VI OF XIV - EXHIBIT 49 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 10, # 2 11)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME V OF XIV - EXHIBIT 49 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 8, # 2 9)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME IV OF XIV - EXHIBIT 49 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 5, # 2 6, # 3 7)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME III OF XIV - EXHIBIT 49 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 Expert Report, # 2 Vol. 1, # 3 Vol. 2, # 4 Vol. 3, # 5 Ex. 1, # 6 Ex. 2, # 7 Ex. 3, # 8 Ex. 4)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] EXHIBIT re 1441 Declaration,,,, [VOLUME II OF XIV - EXHIBITS 27-48 TO THE DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 Exhibit 27-48)(Gaza, Anne) (Attachment 1 replaced on 11/28/2022) (ntl). (Entered: 11/22/2022)
11/22/2022[SEALED] DECLARATION re 1422 MOTION for Summary Judgment [NO. 3 NON-INFRINGEMENT OF U.S. PATENT NO. 8,209,687], 1431 MOTION to Dismiss Based upon [VMWARE, INC.'S RULES 12(B)(1) AND 12(C) MOTION REGARDING CIRBA'S COUNTERCLAIM OF U.S. PATENT NO. 10,523,492], 1438 MOTION [TO EXCLUDE EXPERT TESTIMONY OF JIM BERGMAN] , 1439 MOTION [TO EXCLUDE EXPERT TESTIMONY OF DR. VIJAY MADISETTI] , 1415 MOTION for Summary Judgment [NO. 1 NO TRADEMARK CLAIMS], 1433 MOTION for Judgment on the Pleadings [VMWARE, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO U.S. PATENT NOS. 8,209,687 AND 10,951,459 UNDER RULE 12(C) AND 35 § U.S.C. 101], 1420 MOTION for Summary Judgment [NO. 2 NO WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,654,367], 1424 MOTION for Summary Judgment [NO. 4 FAILURE TO MARK FOR U.S. PATENT NO. 8,209,687], 1428 MOTION for Summary Judgment [NO. 5 NO INDUCED INFRINGEMENT OF U.S. PATENT NO. 8,209,687] [DECLARATION OF YUE LI WITH EXHIBITS VOLUME I OF XIV (EXHIBITS 1-26)] by VMware, Inc.. (Attachments: # 1 Declaration, # 2 Exhibit 1-26)(Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] OPENING BRIEF in Support re 1415 MOTION for Summary Judgment [NO. 1 NO TRADEMARK CLAIMS], 1422 MOTION for Summary Judgment [NO. 3 NON-INFRINGEMENT OF U.S. PATENT NO. 8,209,687], 1433 MOTION for Judgment on the Pleadings [VMWARE, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO U.S. PATENT NOS. 8,209,687 AND 10,951,459 UNDER RULE 12(C) AND 35 § U.S.C. 101], 1431 MOTION to Dismiss Based upon [VMWARE, INC.'S RULES 12(B)(1) AND 12(C) MOTION REGARDING CIRBA'S COUNTERCLAIM OF U.S. PATENT NO. 10,523,492], 1420 MOTION for Summary Judgment [NO. 2 NO WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,654,367], 1424 MOTION for Summary Judgment [NO. 4 FAILURE TO MARK FOR U.S. PATENT NO. 8,209,687], 1438 MOTION [TO EXCLUDE EXPERT TESTIMONY OF JIM BERGMAN] , 1439 MOTION [TO EXCLUDE EXPERT TESTIMONY OF DR. VIJAY MADISETTI] , 1428 MOTION for Summary Judgment [NO. 5 NO INDUCED INFRINGEMENT OF U.S. PATENT NO. 8,209,687] [VMWARE'S OMNIBUS OPENING BRIEF IN SUPPORT OF DISPOSITIVE MOTIONS UNDER RULES 56, 12(B)(1), AND 12(C) AND MOTIONS TO EXCLUDE EXPERT TESTIMONY] filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 12/6/2022. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022 MOTION [TO EXCLUDE EXPERT TESTIMONY OF DR. VIJAY MADISETTI] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022 MOTION [TO EXCLUDE EXPERT TESTIMONY OF JIM BERGMAN] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022 SEALED DECLARATION re 1434 MOTION for Summary Judgment #2 of No Inequitable Conduct or Unclean Hands Declaration of Aisha Mahmood Haley by Cirba Inc.. (Dorsney, Kenneth) Modified on 11/23/2022 - placed under seal as per counsel's request (etg). (Entered: 11/22/2022)
11/22/2022[SEALED] STATEMENT re 1434 MOTION for Summary Judgment #2 of No Inequitable Conduct or Unclean Hands by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/22/2022[SEALED] OPENING BRIEF in Support re 1434 MOTION for Summary Judgment #2 of No Inequitable Conduct or Unclean Hands filed by Cirba Inc..Answering Brief/Response due date per Local Rules is 12/6/2022. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/22/2022 MOTION for Summary Judgment #2 of No Inequitable Conduct or Unclean Hands - filed by Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/22/2022 MOTION for Judgment on the Pleadings [VMWARE, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO U.S. PATENT NOS. 8,209,687 AND 10,951,459 UNDER RULE 12(C) AND 35 § U.S.C. 101] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022 SEALED DECLARATION re 1425 MOTION for Summary Judgment #1 of Non-Infringement of the '151 Patent Declaration of Philip J. Eklem by Cirba Inc.. (Dorsney, Kenneth) Modified on 11/23/2022 - placed under seal as per counsel's request (etg). (Entered: 11/22/2022)
11/22/2022 MOTION to Dismiss Based upon [VMWARE, INC.'S RULES 12(B)(1) AND 12(C) MOTION REGARDING CIRBA'S COUNTERCLAIM OF U.S. PATENT NO. 10,523,492] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] STATEMENT re 1425 MOTION for Summary Judgment #1 of Non-Infringement of the '151 Patent by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/22/2022[SEALED] STATEMENT re 1428 MOTION for Summary Judgment [NO. 5 NO INDUCED INFRINGEMENT OF U.S. PATENT NO. 8,209,687] [CONCISE STATEMENT OF UNDISPUTED FACTS] by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022 MOTION for Summary Judgment [NO. 5 NO INDUCED INFRINGEMENT OF U.S. PATENT NO. 8,209,687] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] OPENING BRIEF in Support re 1425 MOTION for Summary Judgment #1 of Non-Infringement of the '151 Patent filed by Cirba Inc..Answering Brief/Response due date per Local Rules is 12/6/2022. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/22/2022[SEALED] STATEMENT re 1424 MOTION for Summary Judgment [NO. 4 FAILURE TO MARK FOR U.S. PATENT NO. 8,209,687] [CONCISE STATEMENT OF UNDISPUTED FACTS] by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022 MOTION for Summary Judgment #1 of Non-Infringement of the '151 Patent - filed by Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/22/2022 MOTION for Summary Judgment [NO. 4 FAILURE TO MARK FOR U.S. PATENT NO. 8,209,687] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] STATEMENT re 1422 MOTION for Summary Judgment [NO. 3 NON-INFRINGEMENT OF U.S. PATENT NO. 8,209,687] [CONCISE STATEMENT OF UNDISPUTED FACTS] by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022 MOTION for Summary Judgment [NO. 3 NON-INFRINGEMENT OF U.S. PATENT NO. 8,209,687] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] STATEMENT re 1420 MOTION for Summary Judgment [NO. 2 NO WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,654,367] [CONCISE STATEMENT OF UNDISPUTED FACTS] by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022 MOTION for Summary Judgment [NO. 2 NO WILLFUL INFRINGEMENT OF U.S. PATENT NO. 9,654,367] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] DECLARATION re 1417 Opening Brief in Support (executed by Connor Houghton) by Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/22/2022 STATEMENT re 1415 MOTION for Summary Judgment [NO. 1 NO TRADEMARK CLAIMS] [CONCISE STATEMENT OF UNDISPUTED FACTS] by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022[SEALED] OPENING BRIEF in Support re 1416 MOTION to Exclude Rule 26(A)(2)(C) Testimony of Dr. Anne Holler filed by Cirba Inc..Answering Brief/Response due date per Local Rules is 12/6/2022. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/22/2022 MOTION to Exclude Rule 26(A)(2)(C) Testimony of Dr. Anne Holler - filed by Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/22/2022 MOTION for Summary Judgment [NO. 1 NO TRADEMARK CLAIMS] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/22/2022)
11/22/2022SO ORDERED, re 1414 Stipulation and Order to Extend Time filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Gregory B. Williams on 11/22/22. (ntl) (Entered: 11/22/2022)
11/22/2022CORRECTING ENTRY: Exhibit G added to D.I. 1412 per request of counsel. (ntl) (Entered: 11/22/2022)
11/22/2022 STIPULATION to extend the briefing schedule for VMware's Motion to Strike re 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/22/2022)
11/21/2022[SEALED] Letter to the Honorable Gregory B. Williams from Anne Shea Gaza regarding VMware's Request to Appoint a Neutral Expert or, in the Alternative, a Technical Advisor - re 1405 Order,,,,,,,,,,,. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A-D)(Gaza, Anne) (Entered: 11/21/2022)
11/21/2022[SEALED] EXHIBIT re 1410 Exhibit to a Document, 1409 Letter, 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti, 1411 Exhibit to a Document [Exhibits B-H] by VMware, Inc.. (Gaza, Anne) (Additional attachment(s) added on 11/22/2022: # 1 Sealed Exhibit G) (ntl). (Entered: 11/21/2022)
11/21/2022[SEALED] EXHIBIT re 1410 Exhibit to a Document, 1409 Letter, 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti [Exhibit A - Part 2 of 2] by VMware, Inc.. (Gaza, Anne) (Entered: 11/21/2022)
11/21/2022[SEALED] EXHIBIT re 1409 Letter, 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti [Exhibit A - Part 1 of 2] by VMware, Inc.. (Gaza, Anne) (Entered: 11/21/2022)
11/21/2022[SEALED] Letter to the Honorable Gregory B. Williams from Anne Shea Gaza regarding VMware's Motion to Strike the Expert Reports of Dr. Vijay Madisetti - re 1408 MOTION to Strike the Expert Reports of Dr. Vijay Madisetti. (Gaza, Anne) (Entered: 11/21/2022)
11/21/2022[SEALED] MOTION to Strike the Expert Reports of Dr. Vijay Madisetti - filed by VMware, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 7.1.1 Certification)(Gaza, Anne) (Entered: 11/21/2022)
11/18/2022 PROPOSED ORDER Revised Amended Proposed Scheduling Order by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/18/2022)
11/17/2022Official Transcript of Status Conference held on 11.16.2022 before Judge Gregory Williams. Court Reporter/Transcriber Michele Rolfe, Email: michele_rolfe@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/8/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/15/2023. (Rolfe, Michele) (Entered: 11/17/2022)
11/16/20221405ORAL ORDER: IT IS HEREBY ORDERED that the parties shall amend their Joint Proposed Scheduling Order according to the Court's rulings during the status teleconference held on Wednesday, November 16, 2022 and submit a revised version by Monday, November 21, 2022. The Court's rulings regarding the Joint Proposed Scheduling Order are summarized as follows: (1) The Court rejects VMware, Inc.'s ("VMware") proposed Paragraphs 8 and 20 of the parties' Joint Proposed Scheduling Order, which relate to filing a motion to resolve the status of trademark-related claims and resolving new trial evidentiary issues, respectively; (2) The Court grants the parties' joint request to allow each side to file four (4) motions in limine. See Paragraph 21 of the parties' Joint Proposed Scheduling Order; (3) The Court rejects VMware's proposal to add the qualifier language "under Rule 56" in Paragraph 14, which relates to case dispositive motions. In light of the Thanksgiving holiday, the parties' opening briefs for case dispositive motions shall be filed by November 22, 2022. The answering briefs shall be filed by December 13, 2022, and the reply briefs shall be filed by December 23, 2022; (4) Paragraph 15 of the parties' Joint Proposed Scheduling Order, which relates to the issue of bifurcation, shall state, "If any party seeks bifurcation of any issue for purposes of trial, the parties shall meet and confer regarding that issue. If the parties are unable to agree on a bifurcation proposal, the party seeking bifurcation shall file a motion for bifurcation by January 11, 2023. Briefing will be presented pursuant to the Court's Local Rules."; (5) Finally, the Court rejects Paragraph 26 of the parties' Joint Proposed Scheduling Order regarding page limits for post-trial motions. The parties shall revise Paragraph 26 to match Paragraph 23 of the Court's form scheduling order (available at https://www.ded.uscourts.gov/judge/judge-gregory-b-williams under Forms, Patent (Non-ANDA)). IT IS ALSO HEREBY ORDERED that, not later than Monday, November 21, 2022, VMware shall file a letter, no longer than three (3) pages, explaining why it believes the Court should appoint a neutral technical expert or advisor and citing to applicable authority in support of its position, if any exists. Not later than Wednesday, November 23, 2022, Cirba Inc. d/b/a Densify and Cirba IP, Inc. shall file a letter, no longer than three (3) pages, explaining why it opposes VMware's request for the Court to appoint a neutral technical expert or advisor and citing to applicable authority in support of its position, if any exists. ORDERED by Judge Gregory B. Williams on 11/16/22. (ntl) (Entered: 11/16/2022)
11/16/2022Minute Entry for proceedings held before Judge Gregory B. Williams - Telephone Conference held on 11/16/2022. (Court Reporter M. Rolfe.) (ntl) (Entered: 11/16/2022)
11/9/2022Joint STATUS REPORT by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/09/2022)
11/9/20221403ORAL ORDER: IT IS HEREBY ORDERED that the telephonic status conference scheduled for November 10, 2022 at 2:00 p.m. is rescheduled to Wednesday, November 16, 2022 at 2:00 p.m. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. In response to the parties' joint letter, D.I. 1400, IT IS ALSO HEREBY ORDERED that the parties' Daubert and summary judgment motions (not letters requesting leave to file such motions) are due on November 22, 2022. The other scheduling order disputes will be handled during the telephonic status conference. ORDERED by Judge Gregory B. Williams on 11/9/22. (ntl) (Entered: 11/09/2022)
11/8/2022SO ORDERED, re 1401 STIPULATION to Take Deposition After the Close of Fact Discovery filed by VMware, Inc. Signed by Judge Gregory B. Williams on 11/8/22. (ntl) (Entered: 11/08/2022)
11/7/20221402ORAL ORDER: Having reviewed the parties' proposed amended scheduling order and accompanying letter, D.I. 1398, a telephonic status conference will be held on Thursday, November 10, 2022 at 2:00 p.m. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. Ordered by Judge Gregory B. Williams on 11/7/2022. (etg) (Entered: 11/07/2022)
11/7/2022 STIPULATION to Take Deposition After the Close of Fact Discovery by VMware, Inc.. (Vrana, Robert) (Entered: 11/07/2022)
11/7/2022 Letter to The Honorable Gregory B. Williams from Kenneth L. Dorsney regarding clarification regarding the due dates for upcoming Daubert and summary judgment motions. (Dorsney, Kenneth) (Entered: 11/07/2022)
10/28/2022Document Unsealed -- 1396 Memorandum Opinion unsealed. (ntl) (Entered: 10/28/2022)
10/28/2022 Letter to The Honorable Gregory B. Williams from Kenneth L. Dorsney regarding the parties' redactions to the Court's October 26th Memorandum Opinion - re 1397 Order, 1396 Memorandum Opinion. (Dorsney, Kenneth) (Entered: 10/28/2022)
10/27/2022 PROPOSED ORDER [Scheduling Order] re 1387 Order,,,, by VMware, Inc.. (Attachments: # 1 Letter to the Honorable Gregory B. Williams from Anne Shea Gaza)(Gaza, Anne) (Entered: 10/27/2022)
10/26/2022ORDER re 1396 Memorandum Opinion -- 1327 MOTION to Update the Case Caption or Substitute Parties filed by Cirba Inc. is DENIED. Signed by Judge Gregory B. Williams on 10/26/22. (ntl) (Entered: 10/26/2022)
10/26/2022MEMORANDUM OPINION re 1327 Motion to Update the Case Caption or Substitute Parties. Signed by Judge Gregory B. Williams on 10/26/22.This order has been emailed to local counsel. (ntl) (Main Document 1396 replaced on 10/28/2022) (ntl). Modified on 10/28/2022 (ntl). (Entered: 10/26/2022)
10/24/2022NOTICE OF SERVICE of 1) Reply Expert Report of Peter Dinda, Ph.D.; 2) Reply Expert Report of Daniel A. Menasce, Ph.D.; 3) Reply Expert Report of Dr. Jason Nieh Regarding Invalidity of U.S. Patent No. 10,523,492 and U.S. Patent No. 10,951,459; and 4) Reply Expert Report and Disclosure of Julie L. Davis filed by VMware, Inc..(Vrana, Robert) (Entered: 10/24/2022)
10/24/2022NOTICE OF SERVICE of (1) Densify's Reply Expert Report of Jim Bergman; (2) Densify's Reply Expert Report of Dr. Vijay Madisetti regarding Invalidity of VMware's Asserted Patents; and (3) Densify's Reply Expert Report of Dr. Vijay Madisetti regarding Infringement of VMware's Accused Products filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/24/2022)
10/21/2022NOTICE to Take Deposition of Gerry Smith o/b/o Evenkeel, Inc. on November 10, 2022, or other date(s) mutually agreed upon by the parties, beginning at 2:00 p.m. (EST) filed by VMware, Inc..(Vrana, Robert) (Entered: 10/21/2022)
10/20/2022NOTICE to Take Deposition of Daniel Menasce on November 4, 2022 filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/20/2022)
10/20/2022NOTICE to Take Deposition of Julie Davis on November 3, 2022 filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/20/2022)
10/20/2022NOTICE to Take Deposition of Peter Dinda on November 2, 2022 filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/20/2022)
10/20/2022NOTICE to Take Deposition of Jason Nieh on October 31, 2022 filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/20/2022)
10/20/2022NOTICE to Take Deposition of Paul Meyer on October 28, 2022 filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/20/2022)
10/20/20221387ORAL ORDER Having reviewed the parties' joint letter requesting guidance on the Court's procedures (D.I. 1386), IT IS HEREBY ORDERED that, not later than seven (7) days from the date of this Order, the parties shall meet and confer and file a joint amended proposed Scheduling Order in this action consistent with the applicable form Scheduling Order of Judge Williams, which is posted at http://www/ded/uscourts.gov (see Chambers, Judge Williams, Forms, Patent [Non-ANDA]), along with a cover letter requesting the Court to enter the joint amended proposed Scheduling Order (if there are no disputes or other issues concerning scheduling in the joint amended proposed Scheduling Order that the Court needs to address) or to schedule a status conference. If there are disputes or other issues the Court needs to address in the joint amended proposed Scheduling Order, in the cover letter, the parties shall direct the Court to the paragraph numbers in the joint amended proposed Scheduling Order which those appear. ORDERED by Judge Gregory B. Williams on 10/20/22. (ntl) (Entered: 10/20/2022)
10/18/2022Pro Hac Vice Attorney Naveed S. Hasan for Cirba IP, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) (Entered: 10/18/2022)
10/17/2022Joint Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding the parties' request for guidance on the Court's procedures. (Gaza, Anne) (Entered: 10/17/2022)
10/17/2022Pro Hac Vice Attorney Philip Eklem for Cirba IP, Inc. and Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) (Entered: 10/17/2022)
10/14/2022NOTICE to Take Deposition of Jim Bergman on November 1, 2022 filed by VMware, Inc..(Vrana, Robert) (Entered: 10/14/2022)
10/14/2022NOTICE to Take Deposition of Vijay K. Madisetti, Ph.D. on October 26, 2022 and October 27, 2022 filed by VMware, Inc..(Vrana, Robert) (Entered: 10/14/2022)
10/14/2022SO ORDERED, re 1380 MOTION for Pro Hac Vice Appearance of Attorney Philip J. Eklem and Attorney Naveed S. Hasan filed by Cirba Inc., Cirba IP, Inc.. Signed by Judge Gregory B. Williams on 10/14/2022. (etg) (Entered: 10/14/2022)
10/14/2022REDACTED VERSION of 1378 Reply Brief by VMware, Inc.. (Vrana, Robert) (Entered: 10/14/2022)
10/14/2022REDACTED VERSION of 1379 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 10/14/2022)
10/13/2022REQUEST for Oral Argument by VMware, Inc. re 1362 MOTION to Stay [Renewed]. (Vrana, Robert) (Entered: 10/13/2022)
10/12/2022MOTION for Pro Hac Vice Appearance of Attorney Philip J. Eklem and Attorney Naveed S. Hasan - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/12/2022)
10/7/2022[SEALED] DECLARATION re 1378 Reply Brief [Declaration of Yue Li] by VMware, Inc.. (Vrana, Robert) (Entered: 10/07/2022)
10/7/2022[SEALED] REPLY BRIEF re 1362 MOTION to Stay [Renewed] filed by VMware, Inc.. (Vrana, Robert) (Entered: 10/07/2022)
10/4/2022REDACTED VERSION of 1374 Answering Brief in Opposition by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/04/2022)
9/29/2022NOTICE OF SERVICE of 1) Rule 26(a)(2)(C) Disclosure of Anne Holler; 2) Rebuttal Expert Report of Peter A. Dinda, Ph.D.; 3) Rebuttal Expert Report of Daniel A. Menasce, Ph.D.; 4) Rebuttal Expert Report of Paul K. Meyer Regarding Damages; 5) Rebuttal Expert Report of Dr. Jason Nieh Regarding Non-Infringement of U.S. Patent Nos. 10,523,492 and 10,951,459; 6) Rebuttal Expert Report of Dr. Jason Nieh Regarding Non-Infringement of U.S. Patent No. 8,209,687 filed by VMware, Inc..(Vrana, Robert) (Entered: 09/29/2022)
9/28/2022NOTICE OF SERVICE of (1) Densify's Rebuttal Expert Report of Jim W. Bergman; (2) Densify's Rebuttal Expert Report of Dr. Vijay Madisetti Regarding Non-Infringement of VMware's Asserted Patents and;(3) Densify's Rebuttal Expert Report of Dr. Vijay Madisetti Regarding Validity of Densify's U.S. Patent Nos. 10,523,492 and 10,951,459 filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 09/28/2022)
9/27/2022[SEALED] ANSWERING BRIEF in Opposition re 1362 MOTION to Stay [Renewed] filed by Cirba IP, Inc., Cirba Inc..Reply Brief due date per Local Rules is 10/4/2022. (Dorsney, Kenneth) (Entered: 09/27/2022)
9/26/2022REDACTED VERSION of 1371 Reply to Response to Motion, by VMware, Inc.. (Vrana, Robert) (Entered: 09/26/2022)
9/23/2022NOTICE requesting Clerk to remove Kate Falkenstien as co-counsel.. (Hitch, Cortlan) (Entered: 09/23/2022)
9/20/2022SO ORDERED, re 1369 STIPULATION TO EXTEND TIME Regarding Briefing on the Motion to Stay (D.I. 1362) and Rebuttal Expert Reports to September 27, 2022 and October 7, 2022 filed by VMware, Inc. Signed by Judge Gregory B. Williams on 9/19/22. (ntl) (Entered: 09/20/2022)
9/19/2022[SEALED] REPLY to Response to Motion re 1359 MOTION for Leave to File a Sur-Reply in Opposition to Cirba's Motion for Leave to Supplement Infringement Contentions filed by VMware, Inc.. (Attachments: # 1 Exhibit 14)(Wilson, Samantha) (Entered: 09/19/2022)
9/19/2022REDACTED VERSION of 1366 Answering Brief in Opposition, to VMware's Motion for Leave to File Sur-Reply in opposition to Densify's Motion for Leave to Supplement Infringement Contentions by Cirba Inc.. (Dorsney, Kenneth) (Entered: 09/19/2022)
9/19/2022 STIPULATION TO EXTEND TIME Regarding Briefing on the Motion to Stay (D.I. 1362) and Rebuttal Expert Reports to September 27, 2022 and October 7, 2022 - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 09/19/2022)
9/16/2022REDACTED VERSION of 1364 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 09/16/2022)
9/16/2022REDACTED VERSION of 1363 Opening Brief in Support by VMware, Inc.. (Vrana, Robert) (Entered: 09/16/2022)
9/12/2022[SEALED] ANSWERING BRIEF in Opposition re 1359 MOTION for Leave to File a Sur-Reply in Opposition to Cirba's Motion for Leave to Supplement Infringement Contentions filed by Cirba IP, Inc..Reply Brief due date per Local Rules is 9/19/2022. (Dorsney, Kenneth) (Entered: 09/12/2022)
9/9/2022 STATEMENT re 1362 MOTION to Stay [Renewed] (Local Rule 7.1.1 Certification) by VMware, Inc.. (Gaza, Anne) (Entered: 09/09/2022)
9/9/2022[SEALED] DECLARATION re 1362 MOTION to Stay [Renewed], 1363 Opening Brief in Support [Declaration of Yue Li] by VMware, Inc.. (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8-16, # 3 Exhibit 17-25)(Gaza, Anne) (Entered: 09/09/2022)
9/9/2022[SEALED] OPENING BRIEF in Support re 1362 MOTION to Stay [Renewed] filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 9/23/2022. (Gaza, Anne) (Entered: 09/09/2022)
9/9/2022 MOTION to Stay [Renewed] - filed by VMware, Inc.. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 09/09/2022)
9/7/2022Case Reassigned to Judge Gregory B Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. Associated Cases: 1:19-cv-00742-MN, 1:20-cv-00272-MN(apk) (Entered: 09/07/2022)
9/6/2022REDACTED VERSION of 1359 MOTION for Leave to File a Sur-Reply in Opposition to Cirba's Motion for Leave to Supplement Infringement Contentions by VMware, Inc.. (Wilson, Samantha) (Entered: 09/06/2022)
9/2/2022REQUEST for Oral Argument by VMware, Inc. re 1327 MOTION to Update the Case Caption or Substitute Parties. (Vrana, Robert) (Entered: 09/02/2022)
8/29/2022[SEALED] MOTION for Leave to File a Sur-Reply in Opposition to Cirba's Motion for Leave to Supplement Infringement Contentions - filed by VMware, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A (Sur-Reply), # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 12, # 8 Exhibit 13)(Wilson, Samantha) Modified on 8/30/2022 (dlw). (Entered: 08/29/2022)
8/29/2022REQUEST for Oral Argument by VMware, Inc. re 1325 MOTION for Leave to Supplement Infringement Contentions. (Wilson, Samantha) (Entered: 08/29/2022)
8/29/2022REDACTED VERSION of 1354 Reply Brief by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/29/2022)
8/26/2022 REPLY BRIEF re 1327 MOTION to Update the Case Caption or Substitute Parties filed by Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/26/2022)
8/25/2022REDACTED VERSION of 1351 Answering Brief in Opposition by VMware, Inc. (Vrana, Robert) Modified on 8/26/2022 (dlw). (Entered: 08/25/2022)
8/22/2022[SEALED] REPLY BRIEF re 1325 MOTION for Leave to Supplement Infringement Contentions filed by Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/22/2022)
8/22/2022NOTICE OF SERVICE of 1) Opening Expert Report of Peter Dinda, Ph.D.; 2) Expert Report and Disclosure of Julie L. Davis; 3) Opening Expert Report of Daniel A. Menasce, Ph.D.; and 4) Expert Report of Dr. Jason Nieh Regarding Invalidity of U.S. Patent No. 10,523,492 and U.S. Patent No. 10,951,459. filed by VMware, Inc..(Vrana, Robert) (Entered: 08/22/2022)
8/22/2022NOTICE OF SERVICE of (1) Densify's Opening Expert Report of Dr. Madisetti regarding invalidity of VMware's asserted patents; (2) Densify's Opening Expert Report of Dr. Madisetti regarding infringement of accused VMware products; and (3) Densify's Expert Report of Jim W. Bergman filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 08/22/2022)
8/19/2022[SEALED] ANSWERING BRIEF in Opposition re 1327 MOTION to Update the Case Caption or Substitute Parties filed by VMware, Inc..Reply Brief due date per Local Rules is 8/26/2022. (Vrana, Robert) (Entered: 08/19/2022)
8/17/2022REDACTED VERSION of 1342 Declaration, by VMware, Inc.. (Vrana, Robert) (Entered: 08/17/2022)
8/17/2022REDACTED VERSION of 1341 Answering Brief in Opposition by VMware, Inc.. (Vrana, Robert) (Entered: 08/17/2022)
8/16/2022SO ORDERED re 1348 UNOPPOSED MOTION for Extension of Time for Densify to file Reply Brief in support of its Motion for Leave to Supplement Infringement Contentions (Set Briefing Schedule: re 1325 MOTION for Leave to Supplement Infringement Contentions - Reply Brief due 8/22/2022). ORDERED by Judge Maryellen Noreika on 8/16/2022. (dlw) (Entered: 08/16/2022)
8/15/2022UNOPPOSED MOTION for Extension of Time for Densify to file Reply Brief in support of its Motion for Leave to Supplement Infringement Contentions - filed by Cirba Inc. (Hitch, Cortlan) Modified on 8/16/2022 (dlw). (Entered: 08/15/2022)
8/12/2022REQUEST for Oral Argument by VMware, Inc. re 1238 MOTION for Injunctive Relief . (Vrana, Robert) (Entered: 08/12/2022)
8/12/2022NOTICE requesting Clerk to remove Ariel Green Anaba as co-counsel.. (Hitch, Cortlan) (Entered: 08/12/2022)
8/12/2022REDACTED VERSION of 1338 Declaration by Cirba IP, Inc. (Hitch, Cortlan) Modified on 8/12/2022 (dlw). (Entered: 08/12/2022)
8/12/2022REDACTED VERSION of 1337 Appendix by Cirba IP, Inc. (Hitch, Cortlan) Modified on 8/12/2022 (dlw). (Entered: 08/12/2022)
8/12/2022REDACTED VERSION of 1336 Reply Brief by Cirba IP, Inc. (Hitch, Cortlan) Modified on 8/12/2022 (dlw). (Entered: 08/12/2022)
8/10/2022[SEALED] DECLARATION of Diek O. Van Nort re 1341 Answering Brief in Opposition by VMware, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Vrana, Robert) Modified on 8/11/2022 (dlw). (Entered: 08/10/2022)
8/10/2022[SEALED] ANSWERING BRIEF in Opposition re 1325 MOTION for Leave to Supplement Infringement Contentions filed by VMware, Inc..Reply Brief due date per Local Rules is 8/17/2022. (Vrana, Robert) (Entered: 08/10/2022)
8/9/2022SO ORDERED re 1340 STIPULATION TO EXTEND TIME to exchange Initial, Rebuttal, and Reply Expert Reports to August 19, 2022, September 23, 2022, and October 21, 2022 (Set/Reset Scheduling Order Deadlines: Opening Expert Reports due by 8/19/2022. Rebuttal Expert Reports due by 9/23/2022. Reply Expert Reports due by 10/21/2022). ORDERED by Judge Maryellen Noreika on 8/9/2022. (dlw) (Entered: 08/09/2022)
8/8/2022 STIPULATION TO EXTEND TIME to exchange Initial, Rebuttal, and Reply Expert Reports to August 19, 2022, September 23, 2022, and October 21, 2022, respectively - filed by VMware, Inc.. (Gaza, Anne) (Entered: 08/08/2022)
8/8/2022NOTICE OF SERVICE of VMware's Final Election of Asserted Prior Art filed by VMware, Inc..(Vrana, Robert) (Entered: 08/08/2022)
8/5/2022[SEALED] Second DECLARATION of Ariel C. Green Anaba re 1337 Appendix by Cirba Inc. (Hitch, Cortlan) Modified on 8/8/2022 (dlw). (Entered: 08/05/2022)
8/5/2022[SEALED] APPENDIX (Vol. IV, Exhibits 344-354) re 1336 Reply Brief by Cirba Inc. (Hitch, Cortlan) Modified on 8/8/2022 (dlw). (Entered: 08/05/2022)
8/5/2022[SEALED] REPLY BRIEF re 1238 MOTION for Injunctive Relief filed by Cirba Inc.. (Hitch, Cortlan) (Entered: 08/05/2022)
8/5/2022NOTICE OF SERVICE of Densify's Final Election of Asserted Prior Art filed by Cirba IP, Inc..(Hitch, Cortlan) (Entered: 08/05/2022)
8/5/2022SO ORDERED re 1334 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 1327 MOTION to Update the Case Caption or Substitute Parties (Set Briefing Schedule: re 1327 MOTION to Update the Case Caption or Substitute Parties - Answering Brief due 8/19/2022). ORDERED by Judge Maryellen Noreika on 8/5/2022. (dlw) (Entered: 08/05/2022)
8/5/2022UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 1327 MOTION to Update the Case Caption or Substitute Parties - filed by VMware, Inc. (Vrana, Robert) Modified on 8/5/2022 (dlw). (Entered: 08/05/2022)
8/3/2022REDACTED VERSION of 1326 Opening Brief in Support by Cirba Inc. (Dorsney, Kenneth) Modified on 8/4/2022 (dlw). (Entered: 08/03/2022)
8/3/2022NOTICE requesting Clerk to remove Aleksandra E. Eklund as co-counsel.. (Vrana, Robert) (Entered: 08/03/2022)
8/3/2022REDACTED VERSION of 1328 Opening Brief in Support by Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/03/2022)
8/1/2022NOTICE OF SERVICE of VMware's Final Election of Asserted Claims filed by VMware, Inc..(Wilson, Samantha) (Entered: 08/01/2022)
7/29/2022NOTICE OF SERVICE of Densify's Final Election of Asserted Claims filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 07/29/2022)
7/29/2022[SEALED] OPENING BRIEF in Support re 1327 MOTION to Update the Case Caption or Substitute Parties filed by Cirba Inc. Answering Brief/Response due date per Local Rules is 8/12/2022. (Dorsney, Kenneth) Modified on 8/1/2022 (dlw). (Entered: 07/29/2022)
7/29/2022 MOTION to Update the Case Caption or Substitute Parties - filed by Cirba Inc. (Dorsney, Kenneth) Modified on 8/1/2022 (dlw). (Entered: 07/29/2022)
7/27/2022[SEALED] OPENING BRIEF in Support re 1325 MOTION for Leave to Supplement Infringement Contentions filed by Cirba Inc. Answering Brief/Response due date per Local Rules is 8/10/2022. (Dorsney, Kenneth) Modified on 7/28/2022 (dlw). (Entered: 07/27/2022)
7/27/2022 MOTION for Leave to Supplement Infringement Contentions - filed by Cirba Inc. (Dorsney, Kenneth) Modified on 7/28/2022 (dlw). (Entered: 07/27/2022)
7/26/2022SO ORDERED re 1324 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 1238 MOTION for Injunctive Relief to August 5, 2022 (Set Briefing Schedule: re 1238 MOTION for Injunctive Relief - Reply Brief due 8/5/2022). ORDERED by Judge Maryellen Noreika on 7/26/2022. (dlw) (Entered: 07/26/2022)
7/26/2022UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 1238 MOTION for Injunctive Relief to August 5, 2022 - filed by Cirba IP, Inc. (Dorsney, Kenneth) Modified on 7/26/2022 (dlw). (Entered: 07/26/2022)
7/22/2022REDACTED VERSION of 1319 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 07/22/2022)
7/22/2022REDACTED VERSION of 1318 Answering Brief in Opposition, by VMware, Inc.. (Vrana, Robert) (Entered: 07/22/2022)
7/22/2022Pro Hac Vice Attorney Andrew C. Lawrence for Cirba IP, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 07/22/2022)
7/22/2022 NOTICE of Change of Firm Affiliation by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 07/22/2022)
7/22/2022SO ORDERED re 1320 MOTION for Pro Hac Vice Appearance of Attorney Andrew C. Lawrence filed by Cirba Inc., Cirba IP, Inc. ORDERED by Judge Maryellen Noreika on 7/22/2022. (dlw) (Entered: 07/22/2022)
7/21/2022MOTION for Pro Hac Vice Appearance of Attorney Andrew C. Lawrence - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/21/2022)
7/15/2022[SEALED] DECLARATION of Soo J. Park re 1318 Answering Brief in Opposition by VMware, Inc. (Attachments: # 1 Exhibit 1-20, # 2 Exhibit 21-47)(Gaza, Anne) Modified on 7/18/2022 (dlw). (Entered: 07/15/2022)
7/15/2022[SEALED] ANSWERING BRIEF in Opposition re 1238 MOTION for Injunctive Relief filed by VMware, Inc. Reply Brief due date per 1303 Stipulation and Order is 7/29/2022. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) Modified on 7/18/2022 (dlw). (Entered: 07/15/2022)
7/15/2022 NOTICE of Office Action Regarding Ex Parte Reexamination of U.S. Patent No. 8,209,687 by VMware, Inc. (Vrana, Robert) (Entered: 07/15/2022)
7/5/2022 NOTICE of Ex Parte Reexaminiation of U.S. Patent No. 10,523,492 by VMware, Inc. (Attachments: # 1 Exhibit A)(Wilson, Samantha) (Entered: 07/05/2022)
6/22/2022NOTICE requesting Clerk to remove Jayson L. Cohen as co-counsel.. (Wilson, Samantha) (Entered: 06/22/2022)
6/22/2022NOTICE OF SERVICE of VMware's Final Validity Contentions filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/22/2022)
6/22/2022NOTICE OF SERVICE of Densify's Final Validity Contentions filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/22/2022)
6/21/2022NOTICE OF SERVICE of 1) VMware's First Supplemental Responses and Objections to Cirba's Sixth Set of Interrogatories to VMware in the Consolidated Action (Nos. 35-39); 2) VMware's First Supplemental Responses and Objections to Cirba's Fourth Set of Interrogatories to VMware in the Consolidated Action (Nos. 30-32); 3) VMware's Second Supplemental Responses and Objections to Cirba's Second Set of Interrogatories in the Consolidated Action (No. 28); 4) VMware's Fourth Supplemental Objections and Responses to Cirba's Fourth Set of Interrogatories in the Consolidated Action (Nos. 26-27); 5) VMware's Fifth Amended and Supplemental Objections and Responses to Cirba's First Set of Counterclaim Interrogatories (Nos. 1-9); 6) VMware's Third Supplemental Objections and Responses to Cirba's Second Set of Counterclaim Interrogatories (Nos. 10-17); 7) VMware's Second Supplemental Objections and Responses to Cirba's Third Set of Counterclaim Interrogatories (Nos. 18-25); and 8) VMware's Amended and Supplemental Responses and Objections to Cirba's Seventh Set of Interrogatories to VMware in the Consolidated Action (No. 40) filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/21/2022)
6/21/2022SO ORDERED re 1310 Stipulation and Order to Complete Depositions After the Close of Fact Discovery. ORDERED by Judge Maryellen Noreika on 6/21/2022. (dlw) (Entered: 06/21/2022)
6/21/2022NOTICE OF SERVICE of (1) Densify's Supplemental Objections and Responses to VMWare, Inc.'s Counterclaim Interrogatories (Nos. 1-25) and (2) Densify's Supplemental Objections and Responses to VMWare, Inc.'s Interrogatories to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (Nos. 26-50) filed by Cirba IP, Inc. (Dorsney, Kenneth) Modified on 6/21/2022 (dlw). (Entered: 06/21/2022)
6/18/2022 STIPULATION to Complete Depositions After the Close of Fact Discovery by Cirba IP, Inc.. (Hitch, Cortlan) (Entered: 06/18/2022)
6/17/2022NOTICE OF SERVICE of (1) Densify's Fifth Amended Rule 26(a)(1) Initial Disclosures; and (2) Densify's Fifth Amended Paragraph 3 Disclosures filed by Cirba IP, Inc..(Hitch, Cortlan) (Entered: 06/17/2022)
6/16/2022REDACTED VERSION of 1298 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 06/16/2022)
6/16/2022REDACTED VERSION of 1299 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 06/16/2022)
6/16/2022SO ORDERED re 1306 STIPULATION TO EXTEND TIME for the parties to serve final validity contentions to June 21, 2022. ORDERED by Judge Maryellen Noreika on 6/16/2022. (dlw) (Entered: 06/16/2022)
6/16/2022 STIPULATION TO EXTEND TIME for the parties to serve final validity contentions to June 21, 2022 - filed by Cirba IP, Inc., Cirba Inc.. (Hitch, Cortlan) (Entered: 06/16/2022)
6/16/2022CORRECTING ENTRY: D.I. 1306 has been deleted from the docket at the request of counsel. It was a duplicate filing. (dlw) (Entered: 06/16/2022)
6/15/2022NOTICE OF SERVICE of VMware's Responses and Objections to Topic Nos. 78, 79, and 80 in Cirba's Second and Third Renewed and Supplemental Notice of Rule 30(b)(6) Deposition of VMware filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/15/2022)
6/15/2022NOTICE OF SERVICE of (1) Densify's Supplemental Objections and Responses to VMware's Counterclaim Interrogatories (Nos. 1-25) and; (2) Densify's Supplemental Objections and Responses to VMware's Interrogatories in the Consolidated Action (Nos. 26-50) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/15/2022)
6/14/2022SO ORDERED re 1303 STIPULATION TO EXTEND TIME for Answering and Reply Briefs to Motion for Injunctive Relief to July 15 and July 29 Respectively (Set Briefing Schedule: re 1238 MOTION for Injunctive Relief - Answering Brief due 7/15/2022. Reply Brief due 7/29/2022). ORDERED by Judge Maryellen Noreika on 6/14/2022. (dlw) (Entered: 06/14/2022)
6/14/2022 STIPULATION TO EXTEND TIME Answering Brief and Reply Brief to Motion for Injunctive Relief to July 15 and July 29 Respectively - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 06/14/2022)
6/14/2022NOTICE to Take Deposition of Julie Gonzalez filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/14/2022)
6/13/2022NOTICE OF SERVICE of VMware's First Supplemental Responses and Objections to Densify's Sixth Set of Interrogatories to VMware in the Consolidated Action (Nos. 35-39) filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/13/2022)
6/13/2022NOTICE OF SERVICE of 1) VMware, Inc.'s Fourth Amended and Supplemental Objections and Responses to Cirba's First Set of Counterclaim Interrogatories and 2) VMware's Seventh Amended and Supplemental Rule 26(a)(1) Initial Disclosures filed by VMware, Inc..(Vrana, Robert) (Entered: 06/13/2022)
6/9/2022[SEALED] NOTICE of Subpoena by VMware, Inc. (Vrana, Robert) (Entered: 06/09/2022)
6/9/2022[SEALED] NOTICE of Subpoena by VMware, Inc. (Vrana, Robert) (Entered: 06/09/2022)
6/8/2022NOTICE to Take Deposition of Louis Walters filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/08/2022)
6/8/2022NOTICE to Take Deposition of Raghu Raghuram filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/08/2022)
6/8/2022NOTICE to Take Deposition of VJ Costanzo filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/08/2022)
6/8/2022NOTICE OF SERVICE of (1) Densify's Supplemental Objections and Responses to VMware's Counterclaim Interrogatories (Nos. 1-25) and; (2) Densify's Supplemental Objections and Responses to VMware's Interrogatories in the Consolidated Action (Nos. 26-50) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/08/2022)
6/7/2022REDACTED VERSION of 1285 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 06/07/2022)
6/7/2022REDACTED VERSION of 1284 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 06/07/2022)
6/7/2022NOTICE OF SERVICE of Densify's Renewed and Third Supplemental Notice of Rule 30(b)(6) Deposition of VMware filed by Cirba IP, Inc..(Hitch, Cortlan) (Entered: 06/07/2022)
6/6/2022SO ORDERED re 1290 MOTION for Pro Hac Vice Appearance of Attorney Forrest M. McClellen filed by VMware, Inc. ORDERED by Judge Maryellen Noreika on 6/6/2022. (dlw) (Entered: 06/06/2022)
6/6/2022MOTION for Pro Hac Vice Appearance of Attorney Forrest M. McClellen - filed by VMware, Inc.. (Vrana, Robert) (Entered: 06/06/2022)
6/6/2022NOTICE OF SERVICE of Densify's Final Invalidity Contentions and Preliminary Election of Asserted Prior Art filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/06/2022)
6/3/2022NOTICE OF SERVICE of VMware's Final Invalidity Contentions (Consolidated) and Preliminary Election of Prior Art filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/03/2022)
6/2/2022NOTICE OF SERVICE of VMware's Responses and Objections to Densify's Seventh Set of Interrogatories to VMware in the Consolidated Action (No. 40) filed by VMware, Inc..(Vrana, Robert) (Entered: 06/02/2022)
6/2/2022SO ORDERED re 1286 MOTION for Pro Hac Vice Appearance of Attorney Aleksandra E. Eklund filed by VMware, Inc. ORDERED by Judge Maryellen Noreika on 6/2/2022. (dlw) (Entered: 06/02/2022)
6/2/2022MOTION for Pro Hac Vice Appearance of Attorney Aleksandra E. Eklund - filed by VMware, Inc.. (Vrana, Robert) (Entered: 06/02/2022)
5/31/2022[SEALED] NOTICE of Subpoena by VMware, Inc. (Vrana, Robert) (Entered: 05/31/2022)
5/31/2022[SEALED] NOTICE of Subpoena by VMware, Inc. (Vrana, Robert) (Entered: 05/31/2022)
5/31/2022SO ORDERED re 1283 STIPULATION TO EXTEND TIME - Fact discovery to complete the deposition of Rajesh Venkatasubramanian. ORDERED by Judge Maryellen Noreika on 5/31/2022. (dlw) (Entered: 05/31/2022)
5/27/2022 STIPULATION TO EXTEND TIME Fact discovery to complete the deposition of Rajesh Venkatasubramanian to - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 05/27/2022)
5/26/2022REDACTED VERSION of 1274 Notice (Other), by VMware, Inc.. (Vrana, Robert) (Entered: 05/26/2022)
5/24/2022REDACTED VERSION of 1272 Letter by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) Modified on 5/24/2022 (dlw). (Entered: 05/24/2022)
5/23/2022NOTICE OF SERVICE of (1) Densify's Amended and Supplemental Response to VMware's Counterclaim Interrogatories (Nos. 1-25); and (2) Densify's Supplemental Response to VMware's Interrogatories in the consolidated action (Nos. 26-50) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/23/2022)
5/23/2022 STATEMENT // Densify's Second Renewed and Supplemental Notice of 30(b)(6) Deposition of VMware by Cirba IP, Inc. (Dorsney, Kenneth) Modified on 5/23/2022 (dlw). (Entered: 05/23/2022)
5/23/2022SCHEDULING ORDER: Fact Discovery completed by 6/20/2022. Opening Expert Reports due by 8/12/2022. Rebuttal Expert Reports due by 9/16/2022. Reply Expert Reports due by 10/14/2022. Expert Discovery due by 11/4/2022. Daubert Motions and letters requesting permission to file summary judgment motions due by 11/11/2022. A Pretrial Conference is set for 4/10/2023 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A 10-day Jury Trial is set for 4/24/2023 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 5/23/2022. (dlw) (Entered: 05/23/2022)
5/23/2022NOTICE OF SERVICE of Densifys Final Non-Infringement Contentions filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/23/2022)
5/20/2022NOTICE OF SERVICE of 1) VMware's Final Non-Infringement Contentions 2) Defendant's Seventh Amended and Supplemental Response to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 1-15); and 3) VMware's Third Supplemental Objections and Responses to Cirba's Fourth Set of Interrogatories in the Consolidated Action (Nos. 26-27) filed by VMware, Inc..(Wilson, Samantha) (Entered: 05/20/2022)
5/20/2022CORRECTING ENTRY: The main document and attachment of D.I. 1274 have been replaced on the docket at the request of counsel to correct the Judge's initials. (dlw) (Entered: 05/20/2022)
5/19/2022REDACTED VERSION of 1270 Letter,, by VMware, Inc.. (Attachments: # 1 Exhibit A - B)(Gaza, Anne) (Entered: 05/19/2022)
5/19/2022[SEALED] NOTICE of Deposition and Notice of Renewed Subpoena by VMware, Inc. (Attachments: # 1 Exhibit 1 and Certificate of Service)(Vrana, Robert) (Attachment 1 replaced on 5/20/2022) (dlw). (Main Document 1274 replaced on 5/20/2022) (dlw). (Attachment 1 replaced on 5/20/2022) (dlw). (Entered: 05/19/2022)
5/18/2022 PROPOSED ORDER // Revised Proposed Scheduling Order by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) Modified on 5/19/2022 (dlw). (Entered: 05/18/2022)
5/17/2022[SEALED] Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding Densify's Letter Brief in opposition to VMware's Letter Regarding its Motion to Strike - re 1270 Letter,,. (Dorsney, Kenneth) (Entered: 05/17/2022)
5/17/2022SO ORDERED re 1271 STIPULATION TO EXTEND TIME to file VMware's Answering Brief in opposition to D.I. 1238 to June 30, 2022 (Set Briefing Schedule: re 1238 MOTION for Injunctive Relief - Answering Brief due 6/30/2022). ORDERED by Judge Maryellen Noreika on 5/17/2022. (dlw) (Entered: 05/17/2022)
5/13/2022 STIPULATION TO EXTEND TIME to file VMware's Answering Brief in opposition to D.I. 1238 to June 30, 2022 - filed by VMware, Inc.. (Vrana, Robert) (Entered: 05/13/2022)
5/13/2022SO ORDERED, re 1269 MOTION for Pro Hac Vice Appearance of Attorney Fahd H. Patel, Esquire filed by VMware, Inc.. ORDERED by Judge Maryellen Noreika on 5/13/2022. (mdb) (Entered: 05/13/2022)
5/12/2022[SEALED] Letter to The Honorable Maryellen Noreika from Anne Shea Gaza regarding VMware's Motion to Strike - re 1246 Appendix, 1239 Opening Brief in Support, 1238 MOTION for Injunctive Relief , 1241 Declaration, 1247 Appendix, 1248 Notice of Filing Multi Media Materials, 1244 Declaration, 1240 Declaration, 1245 Appendix, 1243 Declaration, 1242 Declaration. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit ECF Notices of Documents to be Stricken)(Gaza, Anne) (Entered: 05/12/2022)
5/12/2022MOTION for Pro Hac Vice Appearance of Attorney Fahd H. Patel, Esquire - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 05/12/2022)
5/12/2022SO ORDERED re 1268 MOTION for Pro Hac Vice Appearance of Attorney Stephen Liu filed by VMware, Inc. ORDERED by Judge Maryellen Noreika on 5/12/2022. (dlw) (Entered: 05/12/2022)
5/11/2022MOTION for Pro Hac Vice Appearance of Attorney Stephen Liu - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 05/11/2022)
5/11/2022Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference re schedule ( 1212 ) held on 5/11/2022. The parties shall amend the proposed scheduling order according to the Court's rulings and submit a revised version within one week. Further, the defendant shall file a three-page letter regarding a motion to strike by the end of the day tomorrow, and the plaintiff shall file a responsive letter by the end of the day Tuesday, 5/17/22. See transcript for more details. (Court Reporter Dale Hawkins.) (mdb) (Entered: 05/11/2022)
5/10/2022NOTICE OF SERVICE of Densify's Corrected Response to VMware's First Set of Requests for Authentication in the consolidated action (Nos. 1-79) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/10/2022)
5/10/2022NOTICE OF SERVICE of (1) Densify's Final Infringement Contentions; and (2) Densify's Preliminary Election of Asserted Claims filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/10/2022)
5/10/2022REDACTED VERSION of 1247 Appendix by Cirba Inc. (Dorsney, Kenneth) Modified on 5/10/2022 (dlw). (Entered: 05/10/2022)
5/10/2022REDACTED VERSION of 1246 Appendix by Cirba Inc. (Dorsney, Kenneth) Modified on 5/10/2022 (dlw). (Entered: 05/10/2022)
5/10/2022REDACTED VERSION of 1245 Appendix by Cirba Inc. (Dorsney, Kenneth) Modified on 5/10/2022 (dlw). (Entered: 05/10/2022)
5/10/2022REDACTED VERSION of 1244 Declaration by Cirba Inc. (Dorsney, Kenneth) Modified on 5/10/2022 (dlw). (Entered: 05/10/2022)
5/10/2022REDACTED VERSION of 1243 Declaration by Cirba Inc. (Dorsney, Kenneth) Modified on 5/10/2022 (dlw). (Entered: 05/10/2022)
5/10/2022REDACTED VERSION of 1242 Declaration by Cirba Inc. (Dorsney, Kenneth) Modified on 5/10/2022 (dlw). (Entered: 05/10/2022)
5/10/2022REDACTED VERSION of 1241 Declaration by Cirba Inc. (Dorsney, Kenneth) Modified on 5/10/2022 (dlw). (Entered: 05/10/2022)
5/10/2022REDACTED VERSION of 1240 Declaration by Cirba Inc. (Dorsney, Kenneth) Modified on 5/10/2022 (dlw). (Entered: 05/10/2022)
5/10/2022REDACTED VERSION of 1239 Opening Brief in Support by Cirba Inc. (Dorsney, Kenneth) Modified on 5/10/2022 (dlw). (Entered: 05/10/2022)
5/10/2022NOTICE OF SERVICE of VMware, Inc.'s Final Infringement Contentions and Preliminary Election of Asserted Claims filed by VMware, Inc..(Wilson, Samantha) (Entered: 05/10/2022)
5/10/2022NOTICE OF SERVICE of 1)VMware's Responses and Objections to Densify's First Set of Requests for Authentication of Documents to VMware, Inc. in the Consolidated Action (Nos. 1-64); 2)VMware's Responses and Objections to Densify's First Set of Requests for Admission to VMware, Inc. in the Consolidated Action (Nos. 1-22); and 3)VMware's Responses and Objections to Densify's Sixth Set of Interrogatories to VMware in the Consolidated Action (Nos. 35-39) filed by VMware, Inc..(Wilson, Samantha) (Entered: 05/10/2022)
5/10/2022 NOTICE of PTAB Finding '492 Patent Claims Unpatentable and Status Report Regarding Other USPTO Proceedings by VMware, Inc. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 05/10/2022)
5/9/2022SO ORDERED re 1253 MOTION for Pro Hac Vice Appearance of Attorney Soo J. Park, Esquire, and Aaron D. Bray, Esquire filed by VMware, Inc. ORDERED by Judge Maryellen Noreika on 5/9/2022. (dlw) (Entered: 05/09/2022)
5/9/2022MOTION for Pro Hac Vice Appearance of Attorney Soo J. Park, Esquire, and Aaron D. Bray, Esquire - filed by VMware, Inc.. (Vrana, Robert) (Entered: 05/09/2022)
5/9/2022NOTICE OF SERVICE of (1) Densify's response to VMware's Seventh Set of Interrogatories (Nos. 45-50); (2) Densify's response to VMware's First Set of Requests for Admission in the consolidated action (Nos. 21-45); (3) Densify's response to VMware's First Set of Requests for Authentication in the consolidated action (Nos. 1-79); (4) Densify's supplemental response to VMware's Interrogatories in the consolidated action (Nos. 26-44); and (5) Densify's amended and supplemental response to VMware's Counterclaim Interrogatories (Nos. 1-25) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/09/2022)
5/6/2022REDACTED VERSION of 1236 Notice of Service by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) Modified on 5/6/2022 (dlw). (Entered: 05/06/2022)
5/6/2022REDACTED VERSION of 1235 Notice (Other) by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) Modified on 5/6/2022 (dlw). (Entered: 05/06/2022)
5/3/2022NOTICE OF SERVICE of Densify's Seventh Set of Interrogatories to VMware in the Consolidated Action (No. 40) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/03/2022)
5/3/2022NOTICE of filing the following Non-Paper material(s) in multi media format: with regard to Densify's Motion for Injunctive Relief. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kenneth Laurence Dorsney on behalf of Cirba Inc. (Dorsney, Kenneth) Modified on 5/3/2022 (smg). (Entered: 05/03/2022)
5/3/2022[SEALED] APPENDIX (Volume III, Exhibits 208 - 343) re 1239 Opening Brief in Support of Motion for Injunctive Relief by Cirba Inc. (Attachments: # 1 Exhibits 208 - 277, # 2 Exhibits 278 - 343)(Dorsney, Kenneth) Modified on 5/3/2022 (smg). Modified on 5/3/2022 (dlw). (Entered: 05/03/2022)
5/3/2022[SEALED] APPENDIX (Volume II, Exhibits 118 - 207) re 1239 Opening Brief in Support of Motion for Injunctive Relief by Cirba Inc. (Attachments: # 1 Exhibits 118 - 136, # 2 Exhibits 137 - 168, # 3 Exhibits 169 - 207)(Dorsney, Kenneth) Modified on 5/3/2022 (smg). Modified on 5/3/2022 (dlw). (Entered: 05/03/2022)
5/3/2022[SEALED] APPENDIX (Volume I, Exhibits 1 - 117) re 1239 Opening Brief in Support of Motion for Injunctive Relief by Cirba Inc. (Attachments: # 1 Exhibits 1 - 61, # 2 Exhibits 62 - 117)(Dorsney, Kenneth) Modified on 5/3/2022 (smg). Modified on 5/3/2022 (dlw). (Entered: 05/03/2022)
5/3/2022[SEALED] DECLARATION of Ariel Green Anaba re 1239 Opening Brief in Support of Motion for Injunctive Relief by Cirba Inc. (Dorsney, Kenneth) Modified on 5/3/2022 (smg). Modified on 5/3/2022 (dlw). (Entered: 05/03/2022)
5/3/2022[SEALED] DECLARATION of Riyaz Somani re 1239 Opening Brief in Support of Motion for Injunctive Relief by Cirba Inc. (Dorsney, Kenneth) Modified on 5/3/2022 (smg). Modified on 5/3/2022 (dlw). (Entered: 05/03/2022)
5/3/2022[SEALED] DECLARATION of Gerald William Smith re 1239 Opening Brief in Support of Motion for Injunctive Relief by Cirba Inc. (Dorsney, Kenneth) Modified on 5/3/2022 (smg). Modified on 5/3/2022 (dlw). (Entered: 05/03/2022)
5/3/2022[SEALED] DECLARATION of Darryl Irwin re 1239 Opening Brief in Support of Motion for Injunctive Relief by Cirba Inc. (Dorsney, Kenneth) Modified on 5/3/2022 (smg). Modified on 5/3/2022 (dlw). (Entered: 05/03/2022)
5/3/2022[SEALED] DECLARATION of Cynthia Bliss re 1239 Opening Brief in Support of Motion for Injunctive Relief by Cirba Inc. (Dorsney, Kenneth) Modified on 5/3/2022 (smg). Modified on 5/3/2022 (dlw). (Entered: 05/03/2022)
5/3/2022[SEALED] OPENING BRIEF in Support re 1238 MOTION for Injunctive Relief filed by Cirba Inc..Answering Brief/Response due date per Local Rules is 5/17/2022. (Dorsney, Kenneth) Modified on 5/3/2022 (smg). (Entered: 05/03/2022)
5/3/2022 MOTION for Injunctive Relief - filed by Cirba Inc. (Dorsney, Kenneth) Modified on 5/3/2022 (dlw). (Entered: 05/03/2022)
4/29/2022NOTICE requesting Clerk to remove Andrea L. Scripa as co-counsel.. (Wilson, Samantha) (Entered: 04/29/2022)
4/29/2022[SEALED] NOTICE OF SERVICE of Subpoena to Produce Documents and Testify at a Deposition to Kaiser Foundation Health Plan, Inc. filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 04/29/2022)
4/29/2022[SEALED] NOTICE of Subpoena to Produce Documents and Testify at a Deposition to Fidelity Information Services, LLC by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 04/29/2022)
4/28/20221234ORAL ORDER RESETTING Teleconference: IT IS HEREBY ORDERED that the 5/11/2022 teleconference is RESET to begin at 02:00 PM before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 4/28/2022. (dlw) (Entered: 04/28/2022)
4/27/2022NOTICE OF SERVICE of VMware, Inc.'s Second Renewed and Supplemental Notice of Deposition of Cirba Pursuant to Fed. R. Civ. P. 30(b)(6) filed by VMware, Inc..(Wilson, Samantha) (Entered: 04/27/2022)
4/25/2022NOTICE OF SERVICE of 1) VMware's Responses and Objections to Densify's Fifth Set of Interrogatories to VMware in the Consolidated Action (Nos. 33-34) and 2) VMware's Responses and Objections to Densify's Sixth Set of Requests for Production of Documents and Things to VMware in the Consolidated Action (Nos. 246-251) filed by VMware, Inc..(Wilson, Samantha) (Entered: 04/25/2022)
4/25/2022REDACTED VERSION of 1221 Notice (Other) by Cirba IP, Inc. (Dorsney, Kenneth) Modified on 4/25/2022 (dlw). (Entered: 04/25/2022)
4/25/2022REDACTED VERSION of 1224 Notice (Other) by Cirba IP, Inc. (Dorsney, Kenneth) Modified on 4/25/2022 (dlw). (Entered: 04/25/2022)
4/25/2022REDACTED VERSION of 1222 Notice (Other) by Cirba IP, Inc. (Dorsney, Kenneth) Modified on 4/25/2022 (dlw). (Entered: 04/25/2022)
4/25/2022REDACTED VERSION of 1223 Notice (Other) by Cirba IP, Inc. (Dorsney, Kenneth) Modified on 4/25/2022 (dlw). (Entered: 04/25/2022)
4/22/20221227ORAL ORDER re 1226 Stipulation and Order to Extend Page Limits - IT IS HEREBY ORDERED that the stipulation is DENIED. ORDERED by Judge Maryellen Noreika on 4/22/2022. (dlw) (Entered: 04/22/2022)
4/21/2022 STIPULATION to Extend Page Limits by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 04/21/2022)
4/21/2022SO ORDERED re 1210 MOTION for Issuance of Letters Rogatory. Counsel can pick up certified copies of the signed letter rogatory in the Clerk's Office. ORDERED by Judge Maryellen Noreika on 4/21/2022. (dlw) (Entered: 04/21/2022)
4/20/2022NOTICE OF SERVICE of Densify's Supplemental Responses and Objections to VMware's Interrogatories in the Consolidated Action (Nos. 26-44) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 04/20/2022)
4/20/2022[SEALED] NOTICE of Subpoena to Carl Waldspurger by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 04/20/2022)
4/20/2022[SEALED] NOTICE of Subpoena to Anne Holler by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 04/20/2022)
4/20/2022[SEALED] NOTICE of Subpoena to Benjamin Scheerer by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 04/20/2022)
4/20/2022[SEALED] NOTICE of Subpoena to Erik Wrobel by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 04/20/2022)
4/19/20221220ORAL ORDER Setting Teleconference re 1212 Revised Proposed Scheduling Order - IT IS HEREBY ORDERED that a Telephone Conference is set for 5/11/2022 at 11:00 AM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 4/19/2022. (dlw) (Entered: 04/19/2022)
4/19/2022Pro Hac Vice Attorney Brian C Baran for Cirba IP, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 04/19/2022)
4/19/2022NOTICE OF SERVICE of Third Supplemental Initial Infringement Contentions filed by Cirba IP, Inc. (Dorsney, Kenneth) Modified on 4/19/2022 (dlw). (Entered: 04/19/2022)
4/19/2022SO ORDERED re 1218 MOTION for Pro Hac Vice Appearance of Attorney Brian C. Baran filed by Cirba IP, Inc. ORDERED by Judge Maryellen Noreika on 4/19/2022. (dlw) (Entered: 04/19/2022)
4/19/2022MOTION for Pro Hac Vice Appearance of Attorney Brian C. Baran - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 04/19/2022)
4/18/2022NOTICE OF SERVICE of 1) VMware's Responses and Objections to Densify's Fourth Set of Interrogatories to VMware in the Consolidated Action (Nos. 30-32) and 2) VMware's Responses and Objections to Densify's Fifth Set of Requests for Production of Documents and Things to VMware in the Consolidated Action (Nos. 242-245) filed by VMware, Inc..(Wilson, Samantha) (Entered: 04/18/2022)
4/13/2022NOTICE of Change of Address by Kenneth Laurence Dorsney (Dorsney, Kenneth) (Entered: 04/13/2022)
4/12/2022REDACTED VERSION of 1211 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 04/12/2022)
4/12/2022REDACTED VERSION of 1210 MOTION for Issuance of Letters Rogatory by VMware, Inc.. (Vrana, Robert) (Entered: 04/12/2022)
4/12/2022CORRECTING ENTRY: The main document D.I. 1212 has been replaced on the docket to correct a typographical error. (dlw) (Entered: 04/12/2022)
4/11/2022NOTICE OF SERVICE of VMware's Responses and Objections to Cirba's Renewed and Supplemental Notice of Rule 30(b)(6) Deposition of VMware filed by VMware, Inc..(Wilson, Samantha) (Entered: 04/11/2022)
4/11/2022CASE NO LONGER REFERRED to Magistrate Judge Burke for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (dlb) (Entered: 04/11/2022)
4/8/2022 PROPOSED ORDER // Revised Proposed Scheduling Order re 1194 Order by Cirba IP, Inc. (Attachments: # 1 Cover Letter Letter enclosing proposed scheduling Order)(Hitch, Cortlan) Modified on 4/11/2022 (dlw). (Main Document 1212 replaced on 4/12/2022) (dlw). (Entered: 04/08/2022)
4/5/2022[SEALED] DECLARATION of Yue Li re 1210 MOTION for Issuance of Letters Rogatory by VMware, Inc.. (Attachments: # 1 Exhibit 1-11)(Wilson, Samantha) Modified on 4/6/2022 (mdb). (Entered: 04/05/2022)
4/5/2022[SEALED] MOTION for Issuance of Letters Rogatory - filed by VMware, Inc.. (Attachments: # 1 Exhibit A, # 2 7.1.1 Certification)(Wilson, Samantha) (Entered: 04/05/2022)
4/1/2022NOTICE to Take Deposition of Joe Beda filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 04/01/2022)
4/1/2022 Letter to The Honorable Maryellen Noreika from Kenneth L. Dorsney regarding parties do not consent to Magistrate Judge. (Dorsney, Kenneth) (Entered: 04/01/2022)
3/31/2022NOTICE OF SERVICE of (1) Densify's First Set of Requests for Admission to VMware in the Consolidated Action (Nos. 1-22); (2) Densify's First Set of Requests for Authentication of Documents to VMware in the Consolidated Action (Nos. 1-64) and; (3) Densify's Sixth Set of Interrogatories to VMware in the Consolidated Action (Nos. 35-39) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/31/2022)
3/31/2022NOTICE OF SERVICE of VMware, Inc.'s First Set of Requests for Authentication to Cirba Inc. and Cirba, IP, Inc. in the Consolidated Action (Nos. 1-79) filed by VMware, Inc..(Vrana, Robert) (Entered: 03/31/2022)
3/30/2022NOTICE OF SERVICE of 1) VMware, Inc.'s First Set of Requests for Admission to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (Nos. 21-45) and 2) VMware, Inc.'s Seventh Set of Interrogatories to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (Nos. 45-50) filed by VMware, Inc..(Vrana, Robert) (Entered: 03/30/2022)
3/30/2022NOTICE OF SERVICE of Densify's Supplemental Objections and Responses to VMware's Interrogatories in the Consolidated Action (Nos. 26-44) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/30/2022)
3/28/2022NOTICE to Take Deposition of David Deeths filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/28/2022)
3/28/2022NOTICE to Take Deposition of Greg Dean filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/28/2022)
3/28/2022NOTICE to Take Deposition of Travis Kendall filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/28/2022)
3/28/2022NOTICE to Take Deposition of Taruna Gandhi filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/28/2022)
3/28/2022NOTICE to Take Deposition of Chandra Prathuri filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/28/2022)
3/28/2022NOTICE to Take Deposition of Tracy Waller (RENEWED) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/28/2022)
3/28/2022NOTICE to Take Deposition of Chris Wolf (RENEWED) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/28/2022)
3/28/2022NOTICE to Take Deposition of Rajesh Venkatasubramanian (RENEWED) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/28/2022)
3/28/2022NOTICE OF SERVICE of (1) Densify's Fifth Set of Interrogatories to VMware in the consolidated action (Nos. 33-34); and (2) Densify's Sixth Set of Requests for Production to VMware in the consolidated action (Nos. 246-251) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/28/2022)
3/25/2022ORAL ORDER - IT IS HEREBY ORDERED that, on or before 4/1/2022, if the parties consent to a Magistrate Judge, they shall submit the attached consent form (indicating to which Magistrate Judge they consent) to diana_welham@ded.uscourts.gov. If the parties do not consent, they shall file a letter stating such. IT IS FURTHER ORDERED, that should the parties not consent to a Magistrate Judge, on or before 4/8/2022, they shall conform the existing Scheduling Order (D.I. 1003) to this Court's form with the following modification: the parties will not be given leave to file summary judgment motions as a matter of right, they shall be required to submit letters seeking permission to file such motions. In addition, the parties shall modify their schedule for final contentions such that final infringement, non-infringement, validity, and invalidity contentions are exchanged on agreed upon dates. All other provisions of the existing Scheduling Order that do not conform to this Court's form shall be adjusted to this Court's form (e.g., number of pages for summary judgment (if allowed) and Daubert briefs, number of motions in limine). IT IS FURTHER ORDERED that, for now, this Court will keep the existing pretrial conference and trial dates (with the actual number of trial days to be determined closer to trial). ORDERED by Judge Maryellen Noreika on 3/25/2022. (dlw) (Entered: 03/25/2022)
3/25/2022Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:19-cv-00742-LPS, 1:20-cv-00272-LPS (ntl) (Entered: 03/25/2022)
3/25/20221193ORAL ORDER: Having reviewed the parties' letters and associated materials relating to their most recent discovery disputes (see, e.g., D.I. 1165, 1167, 1173, 1174, 1182), IT IS HEREBY ORDERED that: (1) Densify has shown good cause to modify the scheduling order such that the request for discovery regarding VMware's changes to products that affect its non-infringement position is GRANTED; more particularly, the Court agrees with Densify that "either the Accused Products as they existed in the 2020 trial record are representative of [VMware's] products through the new trial, or if VMware seeks to introduce evidence as to alleged changes, that constitutes good cause for Densify to take discovery into such changes" (D.I. 1167 at 1); (2) VMware's requests for further responses to RFP Nos. 207, 216, and 217, as well as Interrogatory No. 37, are GRANTED, as the Court agrees with VMware that the requested discovery (including tax returns) is relevant to "tax planning, tax strategy, [and] tax-related purpose[s]" and, under the circumstances of this case, is also relevant to standing; and (3) Densify shall produce to VMware all requested discovery relating to its Chancery Court litigation with Turbonomic to which Densify or any employee, officer, or director of Densify has (or has had at any time) access, even if it is subject to a protective order or confidentiality agreement and is not presently in the possession or custody of Densify. Further with respect to (3) above: Such materials appear to be relevant, for reasons including the "themes Cirba presented during the first trial and the expectation it will present similar arguments at the next trial." (D.I. 1165 at 3) Documents that are within the control of Densify's counsel from the Chancery Court litigation are within the control of Densify. Any such material that was produced and at all times (including presently) remained exclusively on an "attorneys eyes only" or similar level of confidentiality, and was therefore never reviewed or accessible to any Densify employee, officer, or director, need not be produced in response to this order. Densify's obligation to comply with this last portion (i.e., (3)) of this order is STAYED until April 8 and will remain stayed thereafter if any third party files a request for protection of materials subject to this order on or before April 8. Densify's request that the Court order VMware to pay 50% of the fees for the additional discovery hereby ordered (D.I. 1174 at 3) is DENIED. ORDERED by Judge Leonard P. Stark on 3/25/22. (ntl) (Entered: 03/25/2022)
3/25/2022Case Reassigned to Judge Leonard P. Stark of the United States Court of Appeals for the Federal Circuit. Please include the initials of the Judge (LPS) after the case number on all documents filed. (ntl) (Entered: 03/25/2022)
3/23/2022NOTICE to Take Deposition of Andrew Hughes on [a date to be mutually agreed upon by the parties] filed by VMware, Inc..(Vrana, Robert) (Entered: 03/23/2022)
3/21/2022REDACTED VERSION of 1185 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 03/21/2022)
3/21/2022REDACTED VERSION of 1184 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 03/21/2022)
3/18/2022NOTICE OF SERVICE of (1) Densify's Fourth Set of Interrogatories to VMware in the Consolidated Action (Nos. 30-32) and; (2) Densify's Fifth Set of Requests for Production to VMware in the Consolidated Action (Nos. 242-245) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/18/2022)
3/17/2022NOTICE OF SERVICE of Densify's Renewed and Supplemental Notice of Rule 30(b)(6) Deposition of VMware filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/17/2022)
3/17/2022 NOTICE of Deposition and Subpoena to Yu "Angela" Sun by VMware, Inc. (Wilson, Samantha) (Entered: 03/17/2022)
3/17/2022 NOTICE of Related Proceedings regarding U.S. Patent No. 9,654,367 by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 03/17/2022)
3/14/2022[SEALED] Amended NOTICE of Deposition and Notice of Subpoena by VMware, Inc. re 1184 Notice (Other) (Attachments: # 1 Exhibit A)(Wilson, Samantha) (Entered: 03/14/2022)
3/14/2022[SEALED] NOTICE of Deposition and Notice of Subpoena by VMware, Inc. (Attachments: # 1 Exhibit A)(Wilson, Samantha) (Entered: 03/14/2022)
3/11/2022NOTICE OF SERVICE of Densify's supplemental objections and responses to VMware's Interrogatories in the Consolidated Action (Nos. 26-44) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/11/2022)
3/11/2022Joint STATUS REPORT by VMware, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wilson, Samantha) (Entered: 03/11/2022)
3/10/20221181ORAL ORDER: The Court understands that VMware has served subpoenas requesting production of non-public documents filed or served in the Turbonomic litigation from Turbonomic and Fish & Richardson by March 9 and March 10, respectively (see D.I. 1158, 1159). IT IS HEREBY ORDERED that, by no later than 12pm tomorrow, March 11, the parties shall submit a joint status report indicating whether VMware's motion to compel Densify to produce such documents (see D.I. 1165 at 3) has been narrowed or mooted or in any way affected by the responses to these subpoenas. Ordered by Judge Leonard P. Stark on 3/10/2022. (etg) (Entered: 03/10/2022)
3/7/2022NOTICE OF SERVICE of Densify's objections and responses to VMware's Sixth Set of Interrogatories in the Consolidated Action (Nos. 42-44) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/07/2022)
3/7/2022REDACTED VERSION of 1165 Letter by VMware, Inc.. (Gaza, Anne) (Entered: 03/07/2022)
3/7/2022REDACTED VERSION of 1173 Letter by VMware, Inc.. (Gaza, Anne) (Entered: 03/07/2022)
3/7/2022REDACTED VERSION of 1174 Letter to The Honorable Leonard P. Stark re Densify's responsive discovery dispute letter by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 03/07/2022)
3/7/2022REDACTED VERSION of 1167 Letter, to The Honorable Leonard P. Stark re Densify's initial discovery dispute letter by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 03/07/2022)
3/4/2022NOTICE OF SERVICE of Densify's Objections and Responses to VMware's Notice of 30(b)(6) Deposition filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/04/2022)
3/1/2022[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Responsive Discovery Dispute Letter - re 1165 Letter. (Dorsney, Kenneth) (Entered: 03/01/2022)
3/1/2022[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Opposition to Cirba's Motion to Compel - re 1162 Oral Order,,. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 03/01/2022)
3/1/2022NOTICE to Take Deposition of John Mandile on [A Mutually Agreed Upon Date] filed by VMware, Inc..(Vrana, Robert) (Entered: 03/01/2022)
3/1/2022REDACTED VERSION of 1159 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 03/01/2022)
3/1/2022REDACTED VERSION of 1158 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 03/01/2022)
3/1/2022REDACTED VERSION of 1156 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 03/01/2022)
3/1/2022REDACTED VERSION of 1155 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 03/01/2022)
2/28/2022[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Initial Discovery Dispute Letter related to VMware's alleged changes to the products that infringe the '687 patent - re 1162 Oral Order,,. (Dorsney, Kenneth) (Entered: 02/28/2022)
2/28/2022NOTICE OF SERVICE of VMware's Fifth Amended and Supplemental Rule 26(a)(1) Initial Disclosures filed by VMware, Inc..(Vrana, Robert) (Entered: 02/28/2022)
2/28/2022[SEALED] Letter to Judge Stark from Anne Shea Gaza regarding Motion to Compel - re 1162 Oral Order,,. (Attachments: # 1 Exhibit 1-13)(Gaza, Anne) (Entered: 02/28/2022)
2/28/2022NOTICE OF SERVICE of Densify's objections and responses to VMware's Fifth Set of Interrogatories in the Consolidated Action (No. 41) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 02/28/2022)
2/28/2022NOTICE requesting Clerk to remove Neal F. Burstyn as co-counsel.. (Wilson, Samantha) (Entered: 02/28/2022)
2/24/20221162ORAL ORDER: After having been advised by Plaintiffs and Defendant of their inability to resolve a discovery matter (D.I. 1154), IT IS HEREBY ORDERED that not later than February 28, 2022, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than March 1, 2022, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. After reviewing the letter submissions, the Court may schedule a teleconference. Ordered by Judge Leonard P. Stark on 2/24/2022. (etg) (Entered: 02/24/2022)
2/24/2022ORDER re 1160 MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 2/24/2022. (etg) (Entered: 02/24/2022)
2/24/2022MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 2/24/2022. (etg) (Entered: 02/24/2022)
2/24/2022[SEALED] NOTICE of Subpoena by VMware, Inc. (Vrana, Robert) (Entered: 02/24/2022)
2/23/2022[SEALED] NOTICE of Deposition and Notice of Subpoena by VMware, Inc. (Vrana, Robert) (Entered: 02/23/2022)
2/23/2022REDACTED VERSION of 1154 Letter to The Honorable Leonard P. Stark regarding a request for the scheduling of a discovery teleconference by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 02/23/2022)
2/23/2022[SEALED] NOTICE of Deposition and Notice of Subpoena by VMware, Inc. (Wilson, Samantha) (Entered: 02/23/2022)
2/22/2022[SEALED] NOTICE of [VMWARE, INC.'S NOTICE OF DEPOSITION AND NOTICE OF SUBPOENA] by VMware, Inc. (Wilson, Samantha) (Entered: 02/22/2022)
2/17/2022[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding the parties' request of the scheduling of a discovery teleconference. (Dorsney, Kenneth) (Entered: 02/17/2022)
2/16/2022NOTICE OF SERVICE of VMware, Inc.'s Renewed and Supplemental Notice of Deposition of Cirba Pursuant to Fed. R. Civ. P. 30(b)(6) filed by VMware, Inc..(Wilson, Samantha) (Entered: 02/16/2022)
2/16/2022NOTICE OF SERVICE of 1) VMware, Inc.'s Notice of Deposition of Henry Jurgens; 2) VMware, Inc.'s Renewed Notice of Deposition of Ray Boots; 3) VMware, Inc.'s Renewed Notice of Deposition of Rodney Botelho; 4) VMware, Inc.'s Renewed Notice of Deposition of Andrew Hillier; 5) VMware, Inc.'s Renewed Notice of Deposition of Jeff Pauze; 6) VMware, Inc.'s Renewed Notice of Deposition of Gerry Smith; 7) VMware, Inc.'s Renewed Notice of Deposition of Riyaz Somani; 8) VMware, Inc.'s Renewed Notice of Deposition of Tom Yuyitung filed by VMware, Inc..(Wilson, Samantha) (Entered: 02/16/2022)
2/14/2022ORDER Regarding Mutual Post-Complaint Logging Obligations. Signed by Judge Leonard P. Stark on 2/14/22. (ntl) (Entered: 02/14/2022)
2/11/2022 PROPOSED ORDER Regarding Mutual Post-Complaint Logging Obligations re 1147 Order,,,,,,,, by VMware, Inc.. (Attachments: # 1 Letter to Judge Stark)(Gaza, Anne) (Entered: 02/11/2022)
2/11/2022NOTICE OF SERVICE of Densify's Supplemental Objections and Responses to VMware's Interrogatories in the Consolidated Action (Nos. 26-40) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 02/11/2022)
2/8/2022 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's response to Cirba's February 7, 2022 letter - re 1146 Letter. (Gaza, Anne) (Entered: 02/08/2022)
2/8/20221147ORAL ORDER: Having reviewed the parties' filings relating to their latest discovery disputes (see, e.g., D.I. 1121-22, 1124), IT IS HEREBY ORDERED that: (1) VMware's motion to compel Densify to run the disputed ESI search terms and provide de-duplicated and unique hit counts (see D.I. 1121 at 2-3) is GRANTED provided that VMware agrees to pay half of the reasonable fees and costs associated with this additional discovery, as such a resolution is reasonable, appropriate, and proportional to the needs of the case (see generally D.I. 947) (requiring parties to split costs with respect to other discovery); (2) VMware's motion to compel a further response to Interrogatory No. 36, relating to inequitable conduct (see D.I. 1121 at 1), is DENIED, as Densify represents that it does not currently possess any additional non-privileged responsive factual information and will produce such information if it discovers any (see D.I. 1122 at 1-2); and (3) both parties will be required to log certain privileged post-complaint communications, given that several patents (which VMware alleges are unenforceable due to inequitable conduct) were issued after the filing of the complaint, providing good cause to modify the previously governing order. Accordingly, IT IS FURTHER ORDERED that the parties shall meet and confer and, no later than February 11, submit a proposed order memorializing their agreement (consistent with the terms of this order) as to their mutual post-complaint logging obligations; in the event they cannot agree, the parties shall submit a single proposed order clearly indicating any disputed provisions and may also provide letters (not to exceed two pages each) supporting their proposals. Finally, IT IS ORDERED that VMware's request to brief admissibility of representative evidence and summary judgment of no willfulness (see D.I. 1138) is DENIED. The Court agrees with Densify (see D.I. 1143) that these issues are premature and will more appropriately be decided in connection with any other case-dispositive motions and/or motions in limine. ORDERED by Judge Leonard P. Stark on 2/8/22. (ntl) (Entered: 02/08/2022)
2/7/2022 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding VMware's Responsive Letter Brief pertaining to Claim Construction - re 1142 Letter. (Dorsney, Kenneth) (Entered: 02/07/2022)
2/4/2022NOTICE OF SERVICE of VMware, Inc.'s Sixth Set of Interrogatories to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (Nos. 42-44) filed by VMware, Inc..(Wilson, Samantha) (Entered: 02/04/2022)
2/4/2022REDACTED VERSION of 1142 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Further Claim Construction Briefing by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 02/04/2022)
2/3/2022 Letter to Judge Stark from K. Dorsney regarding Response to VMware, Inc.'s Letter Dated February 1, 2022 - re 1138 Letter. (Dorsney, Kenneth) (Entered: 02/03/2022)
2/3/2022[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Further Claim Construction Briefing. (Dorsney, Kenneth) (Entered: 02/03/2022)
2/3/2022NOTICE OF SERVICE of Densify's Answering Letter Brief to Judge Stark regarding Claim Construction Disputes filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 02/03/2022)
2/2/2022NOTICE OF SERVICE of VMware's Responsive Letter Brief Regarding Further Claim Construction Briefing filed by VMware, Inc..(Wilson, Samantha) (Entered: 02/02/2022)
2/1/2022 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding VMWare's letter dated January 31st - re 1138 Letter. (Dorsney, Kenneth) (Entered: 02/01/2022)
1/31/2022SO ORDERED, re 1133 Joint Stipulation Re: Further Claim Construction Briefing filed by Cirba IP, Inc. Signed by Judge Leonard P. Stark on 1/31/22. (ntl) (Entered: 01/31/2022)
1/31/2022 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Evidentiary and Summary Judgment Issues. (Gaza, Anne) (Entered: 01/31/2022)
1/31/2022NOTICE OF SERVICE of VMware's Opening Letter Brief Regarding Further Claim Construction Briefing filed by VMware, Inc..(Wilson, Samantha) (Entered: 01/31/2022)
1/31/2022NOTICE OF SERVICE of Densify's Opening Letter Brief to Judge Stark regarding Claim Construction Disputes filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 01/31/2022)
1/27/2022NOTICE OF SERVICE of VMware, Inc.'s Fifth Set of Interrogatories to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (No. 41) filed by VMware, Inc..(Wilson, Samantha) (Entered: 01/27/2022)
1/26/2022NOTICE OF SERVICE of Densify's Supplemental Objections and Responses to VMware's Interrogatories in the Consolidated Action (Nos. 26-40) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 01/26/2022)
1/26/2022 STIPULATION Schedule for Further Claim Construction Briefing by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 01/26/2022)
1/24/2022NOTICE OF SERVICE of Densify's Responses and Objections to VMware's Fourth Set of Interrogatories in the consolidated action (Nos. 38-40) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 01/24/2022)
1/24/2022NOTICE OF SERVICE of 1) VMware, Inc.'s Third Amended and Supplemental Objections and Responses to Cirba's First Set of Counterclaim Interrogatories (Nos. 1-9); 2) VMware, Inc.'s First Supplemental Objections and Responses to Cirba's Second Set of Interrogatories in the Consolidated Action (No. 28); 3) VMware, Inc.'s First Supplemental Objections and Responses to Cirba's Third Set of Counterclaim Interrogatories (Nos. 18-25); 4) VMware, Inc.'s Second Supplemental Objections and Responses to Cirba's Second Set of Counterclaim Interrogatories (Nos. 10-17); 5) VMware, Inc.'s Second Supplemental Objections and Responses to Cirba's Fourth Set of Interrogatories in the Consolidated Action (Nos. 26-27); 6) VMware, Inc.'s First Supplemental Objections and Responses to Cirba's Third Set of Requests for Production of Documents and Things (Nos. 229-236); and 7) VMware, Inc.'s Second Supplemental Objections and Responses to Densify's First Set of Requests for Production of Documents and Things to VMware in the Consolidated Action (Nos. 204-224) filed by VMware, Inc..(Vrana, Robert) (Entered: 01/24/2022)
1/21/2022NOTICE OF SERVICE of Densify's Supplemental and Amended Response to VMware's Counterclaim Interrogatories (Nos. 1-25) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 01/21/2022)
1/19/2022REDACTED VERSION of 1122 Letter to Special Master Shaw from Kenneth L. Dorsney re Opposition to VMware's Motion to Compel by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 01/19/2022)
1/18/2022REDACTED VERSION of 1121 Letter by VMware, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1 through 20)(Gaza, Anne) (Entered: 01/18/2022)
1/18/2022NOTICE OF SERVICE of Densify's Supplemental Response to VMware's Interrogatory No. 36 filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 01/18/2022)
1/18/2022CORRECTING ENTRY: Corrected transcript added to D.I. 1114. (ntl) (Entered: 01/18/2022)
1/14/2022NOTICE OF SERVICE of 1) VMware's Fourth Amended Supplemental Disclosures under Section 3 of the Default Standard for Discovery and 2) VMware's Fourth Amended and Supplemental Rule 26(a)(1) Initial Disclosures filed by VMware, Inc..(Vrana, Robert) (Entered: 01/14/2022)
1/13/2022NOTICE OF SERVICE of Densify's Second Supplemental Initial Infringement Contentions in the Consolidated Action filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 01/13/2022)
1/12/2022Joint STATUS REPORT Regarding Discovery by VMware, Inc.. (Wilson, Samantha) (Entered: 01/12/2022)
1/12/2022SO ORDERED, re 1118 STIPULATION TO EXTEND TIME for Supplementation/Amendment to Written Discovery Responses Pursuant to Paragraph 9(c) of the Consolidated Scheduling Order to January 21, 2022 filed by VMware, Inc. Signed by Judge Leonard P. Stark on 1/12/22. (ntl) (Entered: 01/12/2022)
1/11/2022NOTICE OF SERVICE of VMware, Inc.'s First Supplemental Objections and Responses to Cirba's Fourth Set of Interrogatories in the Consolidated Action (Nos. 26-27) filed by VMware, Inc..(Vrana, Robert) (Entered: 01/11/2022)
1/10/2022[SEALED] Letter to Special Master Shaw from Kenneth L. Dorsney regarding Response to motion to compel - re 1120 Order,,,,,,,. (Dorsney, Kenneth) (Entered: 01/10/2022)
1/10/2022[SEALED] Letter to Special Master Shaw from Anne Shea Gaza regarding VMware's Motion to Compel (Docketed per D.I. 1120) - re 1120 Order,,,,,,,. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1-20)(Gaza, Anne) (Entered: 01/10/2022)
1/10/20221120ORAL ORDER: Having reviewed the letters and accompanying exhibits relating to VMware's motion to compel (D.I. 1097), IT IS HEREBY ORDERED that the motion (D.I. 1097) is DENIED WITHOUT PREJUDICE. Densify contends that many of the disputes raised by VMware's motion are unripe. For example, Densify notes that discovery responsive to VMware's Interrogatory No. 36 is ongoing and that it will comply with the Scheduling Order and supplement its response as it discovers additional responsive information. (Densify Ltr. at 1) Densify further asserts that its patent agent, Brett Slaney, intends to cooperate with both the production and deposition aspect of the subpoena (and that he produced a first set of responsive documents after VMware filed its motion). (Id.) Densify's letter also raises the possibility that some disputes are moot. For example, Densify contends that, with respect to VMware's Request for Production No. 215, it did not state that it will do an "ESI only search," as VMware contends; rather, it stated that its production will "include an ESI search." (Id. at 2) Regarding the ESI search terms dispute, Densify's responsive letter includes hit counts for those categories VMware claimed were "missing" (see id. at 3), which appears to provide new information to VMware. In light of all this, as well as the passage of time since the letters were prepared, IT IS FURTHER ORDERED that the parties shall meet and confer and, no later than January 12, submit a joint status report, indicating whether there are any ripe, non-moot discovery disputes and, if so, on what schedule (and with what additional submissions) the Court should resolve them. IT IS ADDITIONALLY ORDERED that the parties shall docket with the Court the materials that were submitted to the Special Master in connection with the motion. ORDERED by Judge Leonard P. Stark on 1/10/22. (ntl) (Entered: 01/10/2022)
1/7/2022MEMORANDUM ORDER: IT IS HEREBY ORDERED that Densify's objections (D.I. 1076) are OVERRULED and Densify's motion to disqualify (D.I. 1059) is DENIED. Further, the Court has determined that it no longer requires the assistance of a Special Master in this case. Signed by Judge Leonard P. Stark on 1/7/22. (ntl) (Entered: 01/07/2022)
1/6/2022 STIPULATION TO EXTEND TIME for Supplementation/Amendment to Written Discovery Responses Pursuant to Paragraph 9(c) of the Consolidated Scheduling Order to January 21, 2022 - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 01/06/2022)
1/6/2022REDACTED VERSION of 1115 Notice (Other) of Lodging of Plaintiff's Markman Slides by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 01/06/2022)
1/5/2022Pro Hac Vice Attorney Neal F. Burstyn for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) (Entered: 01/05/2022)
1/5/2022SO ORDERED, re 1116 MOTION for Pro Hac Vice Appearance of Attorney Neal F. Burstyn filed by VMware, Inc. Signed by Judge Leonard P. Stark on 1/5/22. (ntl) (Entered: 01/05/2022)
1/4/2022MOTION for Pro Hac Vice Appearance of Attorney Neal F. Burstyn - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 01/04/2022)
12/30/2021[SEALED] NOTICE of Lodging of Markman Slides used during December 22, 2021 Hearing by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 12/30/2021)
12/27/2021Official Transcript of Claim Construction Hearing held on December 22, 2021 before Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/18/2022. Redacted Transcript Deadline set for 1/27/2022. Release of Transcript Restriction set for 3/28/2022. (bpg) (Main Document 1114 replaced on 1/18/2022) (ntl). (Entered: 12/27/2021)
12/23/2021NOTICE OF SERVICE of VMware, Inc.'s Fourth Set of Interrogatories to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (Nos. 38-40) filed by VMware, Inc..(Wilson, Samantha) (Entered: 12/23/2021)
12/22/2021Supplemental Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by VMware, Inc.. (Wilson, Samantha) (Entered: 12/22/2021)
12/22/2021Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held (by video) on 12/22/2021. (Court Reporter B. Gaffigan.) (ntl) (Entered: 12/22/2021)
12/21/20211111ORAL ORDER: IT IS HEREBY ORDERED that the Markman hearing scheduled for December 22, 2021 at 8:30 a.m. is available to the public using the following dial-in for listen-only access: +1-855-747-8824 Access Code: 8975254786. Audio reproduction of the proceeding is strictly prohibited. ORDERED by Judge Leonard P. Stark on 12/21/21. (ntl) (Entered: 12/21/2021)
12/21/2021 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Enclosing slides for the December 22, 2021 hearing. (Dorsney, Kenneth) (Entered: 12/21/2021)
12/21/2021 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware, Inc.'s PowerPoint Slides Prepared for the December 22, 2021 Claim Construction Hearing - re 1101 Order,,,,,,,,, Set Hearings,,,,,,,,. (Gaza, Anne) (Entered: 12/21/2021)
12/16/2021Pro Hac Vice Attorney Aisha M. Haley for Cirba IP, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) (Entered: 12/16/2021)
12/16/2021SO ORDERED, re 1105 MOTION for Pro Hac Vice Appearance of Attorney Aisha Mahmood Haley filed by Cirba IP, Inc. Signed by Judge Leonard P. Stark on 12/16/21. (ntl) (Entered: 12/16/2021)
12/14/2021ORDER re 1107 Memorandum -- 1038 MOTION to Compel filed by VMware, Inc. is granted in part and denied in part; 1044 MOTION to Compel filed by Cirba IP, Inc. is denied as moot. Signed by Special Master John W. Shaw, Esq. on 12/14/21. (ntl) (Entered: 12/14/2021)
12/14/2021MEMORANDUM re 1044 MOTION to Compel filed by Cirba IP, Inc., 1038 MOTION to Compel filed by VMware, Inc. Signed by Special Master John W. Shaw, Esq. on 12/14/21. (ntl) (Entered: 12/14/2021)
12/14/2021 NOTICE of Related Proceedings Before the Patent Trial and Appeal Board by VMware, Inc. (Wilson, Samantha) (Entered: 12/14/2021)
12/14/2021MOTION for Pro Hac Vice Appearance of Attorney Aisha Mahmood Haley - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 12/14/2021)
12/13/2021NOTICE OF SERVICE of VMware, Inc.'s Objections and Responses to Densify's Fourth Set of Requests for Production of Documents and Things to VMware in the Consolidated Action (Nos. 237-241) filed by VMware, Inc..(Wilson, Samantha) (Entered: 12/13/2021)
12/9/2021Pro Hac Vice Attorney Andrea L. Scripa for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) (Entered: 12/09/2021)
12/8/2021SO ORDERED, re 1103 MOTION for Pro Hac Vice Appearance of Attorney Andrea L. Scripa filed by VMware, Inc. Signed by Judge Leonard P. Stark on 12/8/21. (ntl) (Entered: 12/08/2021)
12/8/2021MOTION for Pro Hac Vice Appearance of Attorney Andrea L. Scripa - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 12/08/2021)
12/6/2021NOTICE OF SERVICE of (1) Densify's response to VMware's Third Set of Interrogatories (No. 37); (2) Densify's response to VMware's Fourth Set of Requests for Production (Nos. 216-217); and (3) Densify's response to VMware's Fifth Set of Requests for Production (Nos. 218-224) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 12/06/2021)
12/6/20211101ORAL ORDER: Having reviewed the parties' letter of November 22 (D.I. 1092), IT IS HEREBY ORDERED that: (1) the hearing on December 22 will be by videoconference, with Defendant to provide the necessary arrangements (to include provision for public access without the ability for anyone not associated with a party to speak or interfere with the proceeding); (2) the parties will each be allocated 2 hours and 15 minutes for their presentation; (3) the hearing will begin at 8:30 a.m. eastern time; (4) the parties' agreements with respect to presentation materials and order of terms are ADOPTED; and (5) the Court will also hear argument on the pending motion to disqualify the special master (D.I. 1059) and the objections to the special master's denial of that motion (see D.I. 1076, 1085). IT IS FURTHER ORDERED that Defendant's motion to stay (D.I. 1049; see also D.I. 1050, 1064, 1078) is DENIED. None of the factors the Court considers in exercising its discretion favors a stay. It is unlikely the requested stay - which will be of indeterminate and likely quite substantial length - would meaningfully simplify this case, which involves 11 asserted patents, only one of which is the subject of an instituted inter partes review. Other PTO proceedings underway do not carry with them any statutory estoppel effect. Additionally, while there is much yet to do in this case, the Court and the parties have also invested massive resources into this 2.5 year-old case, including litigating a jury trial, a preliminary injunction motion, substantial post-trial motions, and a mandamus to the Federal Circuit. The stage of the proceedings strongly disfavors a stay. Finally, Plaintiff considers itself a competitor of Defendant's, and a stay would severely prejudice and potentially destroy Plaintiff. On the other hand, Defendant identifies no meaningful prejudice to it from continuing to litigate on the schedule that has been set for quite some time (and which accommodates Defendant's previous position that it was anxious to litigate the seven patents-in-suit it is asserting). ORDERED by Judge Leonard P. Stark on 12/6/21. (ntl) (Entered: 12/06/2021)
12/3/2021 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware, Inc.'s Comments to Cirba's November 22, 2021 Technology Tutorial - re 1091 Letter. (Gaza, Anne) (Entered: 12/03/2021)
12/3/2021 STATEMENT re 1093 Letter Densify's Comments to VMware's Technology Tutorial by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 12/03/2021)
12/3/2021NOTICE OF SERVICE of VMware, Inc.'s Objections and Responses to Cirba's Third Set of Interrogatories in the Consolidated Action (No. 29) filed by VMware, Inc..(Wilson, Samantha) (Entered: 12/03/2021)
11/30/2021 MOTION to Compel - filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/30/2021)
11/29/2021CORRECTING ENTRY: Corrected brief added to D.I. 1094 per request of counsel. (ntl) (Entered: 11/29/2021)
11/22/2021CLAIM Construction Chart by VMware, Inc.. (Attachments: # 1 Exhibit A-G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J Part 1 of 2, # 5 Exhibit J Part 2 of 2, # 6 Exhibit K, # 7 Exhibit L, # 8 Exhibit M, # 9 Exhibit N, # 10 Exhibit O, # 11 Exhibit P Part 1 of 2, # 12 Exhibit P Part 2 of 2, # 13 Exhibit Q Part 1 of 4, # 14 Exhibit Q Part 2 of 4, # 15 Exhibit Q Part 3 of 4, # 16 Exhibit Q Part 4 of 4, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T Part 1 of 2, # 20 Exhibit T Part 2 of 2, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II)(Gaza, Anne) (Entered: 11/22/2021)
11/22/2021Joint APPENDIX re 1094 Joint Claim Construction Brief by VMware, Inc.. (Attachments: # 1 Exhibit A1-A21, # 2 Exhibit B1-B14)(Vrana, Robert) (Entered: 11/22/2021)
11/22/2021 JOINT CLAIM CONSTRUCTION BRIEF filed by VMware, Inc.. (Vrana, Robert) (Main Document 1094 replaced on 11/29/2021) (ntl). (Entered: 11/22/2021)
11/22/2021 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware, Inc.'s Technology Tutorial. (Attachments: # 1 Exhibit Slides)(Gaza, Anne) (Entered: 11/22/2021)
11/22/2021Joint Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding the December 22, 2021 Claim Construction Hearing. (Gaza, Anne) (Entered: 11/22/2021)
11/22/2021 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Technology Tutorial. (Dorsney, Kenneth) (Entered: 11/22/2021)
11/22/2021REDACTED VERSION of 1085 Response to Objections, by VMware, Inc.. (Wilson, Samantha) (Entered: 11/22/2021)
11/19/2021REDACTED VERSION of 1079 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 11/19/2021)
11/19/2021REDACTED VERSION of 1078 Reply Brief by VMware, Inc.. (Vrana, Robert) (Entered: 11/19/2021)
11/19/2021SO ORDERED, re 1086 STIPULATION TO EXTEND TIME for redactions to VMware's Sealed Reply Brief (D.I. 1078) and Declaration (D.I. 1079) concerning VMware's Motion to Stay (D.I. 1049) to November 19, 2021 filed by VMware, Inc. Signed by Judge Leonard P. Stark on 11/19/21. (ntl) (Entered: 11/19/2021)
11/17/2021REQUEST for Oral Argument by Cirba IP, Inc. re 1049 MOTION to Stay . (Dorsney, Kenneth) (Entered: 11/17/2021)
11/17/2021 STIPULATION TO EXTEND TIME for redactions to VMware's Sealed Reply Brief (D.I. 1078) and Declaration (D.I. 1079) concerning VMware's Motion to Stay (D.I. 1049) to November 19, 2021 - filed by VMware, Inc.. (Vrana, Robert) (Entered: 11/17/2021)
11/17/2021SO ORDERED, re 1083 STIPULATION TO EXTEND TIME to submit Technology Tutorials and Comments on the Opposing Party's Tutorial to November 22, 2021 and December 3, 2021 filed by VMware, Inc. Signed by Judge Leonard P. Stark on 11/17/21. (ntl) (Entered: 11/17/2021)
11/15/2021[SEALED] RESPONSE TO OBJECTIONS by VMware, Inc. re 1076 Objections [VMware's Response to Plaintiffs' Objection to the Special Master's Denial of Plaintiffs' Motion to Disqualify]. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 11/15/2021)
11/12/2021NOTICE OF SERVICE of Densify's Fourth Set of Requests for Production to VMware in the consolidated action (Nos. 237-241) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 11/12/2021)
11/12/2021 STIPULATION TO EXTEND TIME to submit Technology Tutorials and Comments on the Opposing Party's Tutorial to November 22, 2021 and December 3, 2021 - filed by VMware, Inc.. (Vrana, Robert) (Entered: 11/12/2021)
11/12/2021NOTICE OF SERVICE of 1) VMware's Sur-Reply Claim Construction Brief and 2) Declaration of Dr. Jason Nieh in support of VMware's Sur-Reply Claim Construction Brief filed by VMware, Inc..(Vrana, Robert) (Entered: 11/12/2021)
11/11/2021NOTICE OF SERVICE of (1) Densify's Sur-Reply Claim Construction Brief and; (2) Declaration of Dr. Madisetti in support of Densify's Sur-Reply Claim Construction Brief filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 11/11/2021)
11/10/2021NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibit 21 to the Declaration of Yue Li in Support of VMware's Reply Brief in Support of its Motion to Stay [D.I. 1079]. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Anne Shea Gaza on behalf of VMware, Inc. (Gaza, Anne) (Entered: 11/10/2021)
11/10/2021[SEALED] DECLARATION re 1078 Reply Brief [DECLARATION OF YUE LI IN SUPPORT OF VMWARE'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR STAY] by VMware, Inc.. (Attachments: # 1 Exhibit 11-21)(Gaza, Anne) (Entered: 11/10/2021)
11/10/2021[SEALED] REPLY BRIEF re 1049 MOTION to Stay filed by VMware, Inc.. (Gaza, Anne) (Entered: 11/10/2021)
11/5/2021NOTICE OF SERVICE of VMware, Inc.'s Fifth Set of Requests for Production to Cirba Inc. and Cirba IP, Inc. (Nos. 218-224) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/05/2021)
11/4/2021 OBJECTIONS by Cirba IP, Inc. to 1061 Order Densify's Objections to the Special Master's Denial of Densify's Motion to Disqualify. (Hitch, Cortlan) (Entered: 11/04/2021)
11/4/2021SO ORDERED, re 1070 STIPULATION TO EXTEND TIME to File Reply Brief in Support of VMware's Motion for Stay to November 10, 2021 filed by VMware, Inc. Signed by Judge Leonard P. Stark on 11/4/21. (ntl) (Entered: 11/04/2021)
11/3/2021REDACTED VERSION of 1066 Declaration of Riyaz Somani in Support of Densify's Opposition to VMware's Motion to Stay by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/03/2021)
11/3/2021REDACTED VERSION of 1065 Declaration of Ariel Green in Support of Densify's Opposition to VMware's Motion to Stay by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/03/2021)
11/3/2021REDACTED VERSION of 1064 Answering Brief in Opposition to VMware's Motion to Stay by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/03/2021)
11/3/2021NOTICE OF SERVICE of Densify's Third Set of Consolidated Interrogatories to VMware (No. 29) filed by Cirba IP, Inc..(Hitch, Cortlan) (Entered: 11/03/2021)
11/1/2021NOTICE OF SERVICE of VMware, Inc.'s First Supplemental Objections and Responses to Densify's First Set of Requests for Production of Documents and Things to VMware in the Consolidated Action (Nos. 204-224) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/01/2021)
10/29/2021 STIPULATION TO EXTEND TIME to File Reply Brief in Support of VMware's Motion for Stay to November 10, 2021 - filed by VMware, Inc.. (Vrana, Robert) (Entered: 10/29/2021)
10/28/2021NOTICE OF SERVICE of 1)VMware's Reply Claim Construction Brief and 2)Declaration of Peter Dinda in support of VMware, Inc.'s Reply Claim Construction Brief filed by VMware, Inc..(Vrana, Robert) (Entered: 10/28/2021)
10/28/2021NOTICE OF SERVICE of (1) Densify's Reply Claim Construction Brief; and (2) Declaration of Dr. Madisetti in support filed by Cirba IP, Inc..(Hitch, Cortlan) (Entered: 10/28/2021)
10/28/2021NOTICE OF SERVICE of 1) VMware, Inc.'s Fourth Set of Requests for Production to Cirba Inc. and Cirba IP, Inc. (Nos. 216-217) and 2) VMware, Inc.'s Third Set of Interrogatories to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (No. 36) filed by VMware, Inc..(Vrana, Robert) (Entered: 10/28/2021)
10/27/2021[SEALED] DECLARATION re 1064 Answering Brief in Opposition to VMware's Motion to Stay (executed by Riyaz Somani)) by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/27/2021)
10/27/2021[SEALED] DECLARATION re 1064 Answering Brief in Opposition to VMware's Motion to Stay (executed by Ariel C. Green) by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/27/2021)
10/27/2021[SEALED] ANSWERING BRIEF in Opposition re 1049 MOTION to Stay filed by Cirba IP, Inc..Reply Brief due date per Local Rules is 11/3/2021. (Dorsney, Kenneth) (Entered: 10/27/2021)
10/26/2021 NOTICE of Office Action Regarding Ex Parte Reexamination of U.S. Patent No. 9,654,367 by VMware, Inc. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 10/26/2021)
10/26/2021NOTICE OF SERVICE of 1) VMware, Inc.'s Objections and Responses to Cirba's Third Set of Requests for Production of Documents and Things (Nos. 229-236) and 2) VMware, Inc.'s Objections and Responses to Cirba's Second Set of Interrogatories in the Consolidated Action (No. 28) filed by VMware, Inc..(Vrana, Robert) (Entered: 10/26/2021)
10/15/2021SO ORDERED, re 1057 STIPULATION TO EXTEND TIME for Densify to respond to VMware's Motion to Stay to October 27, 2021 filed by Cirba IP, Inc. Signed by Judge Leonard P. Stark on 10/15/21. (ntl) (Entered: 10/15/2021)
10/14/2021ORDER re 1060 Memorandum -- 1059 MOTION to Disqualify Special Master filed by Cirba Inc., Cirba IP, Inc. is DENIED. Signed by Special Master John W. Shaw, Esq. on 10/14/21. (ntl) (Entered: 10/14/2021)
10/14/2021MEMORANDUM re 1059 MOTION to Disqualify Special Master filed by Cirba Inc., Cirba IP, Inc. Signed by Special Master John W. Shaw, Esq. on 10/14/21. (ntl) (Entered: 10/14/2021)
10/14/2021 MOTION for Disqualification of Special Master - filed by Cirba IP, Inc., Cirba Inc. (Attachment: # 1 Proposed Order) (ntl) (Entered: 10/14/2021)
10/13/2021Official Transcript of Telephonic Oral Argument held on September 27, 2021 before Special Master John Shaw. Court Reporter Michele L. Rolfe, email: michelerolfe1978@gmail.com. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/3/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/11/2022. (bpg) (Entered: 10/13/2021)
10/13/2021 STIPULATION TO EXTEND TIME for Densify to respond to VMware's Motion to Stay to October 27, 2021 - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/13/2021)
10/13/2021REDACTED VERSION of 1051 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 10/13/2021)
10/13/2021REDACTED VERSION of 1050 Opening Brief in Support by VMware, Inc.. (Vrana, Robert) (Entered: 10/13/2021)
10/12/2021NOTICE OF SERVICE of Densify's response to VMware's Third Set of Requests for Production in the consolidated action (No. 215) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/12/2021)
10/7/2021NOTICE OF SERVICE of VMware's Responsive Claim Construction Brief filed by VMware, Inc..(Vrana, Robert) (Entered: 10/07/2021)
10/7/2021NOTICE OF SERVICE of (1) Densify's Answering Claim Construction Brief; and (2) Declaration of Dr. Madisetti in support filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/07/2021)
10/6/2021[SEALED] DECLARATION re 1049 MOTION to Stay [DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 Exhibit 1-10)(Gaza, Anne) (Entered: 10/06/2021)
10/6/2021[SEALED] OPENING BRIEF in Support re 1049 MOTION to Stay filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 10/20/2021. (Gaza, Anne) (Entered: 10/06/2021)
10/6/2021 MOTION to Stay - filed by VMware, Inc.. (Gaza, Anne) (Entered: 10/06/2021)
10/6/2021 NOTICE of Office Action Regarding Ex Parte Reexamination of U.S. Patent No. 8,209,687 by VMware, Inc. (Wilson, Samantha) (Entered: 10/06/2021)
9/24/2021NOTICE OF SERVICE of (1) Densify's Third Set of Requests for Production to VMware in the Consolidated Action (Nos. 229-236) and; (2) Densify's Second Set of Interrogatories to VMware in the Consolidated Action (No. 28) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 09/24/2021)
9/24/2021Errata of USCA re D.I. 1045 . (ntl) (Entered: 09/24/2021)
9/22/2021ORDER of USCA. Decision of USCA: Petition for Writ of Mandamus is DENIED. (ntl) (Entered: 09/22/2021)
9/16/2021 MOTION to Compel - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 09/16/2021)
9/10/2021NOTICE OF SERVICE of VMware, Inc.'s Objections and Responses to Densify's Second Set of Requests for Production of Documents and Things to VMware in the Consolidated Action (Nos. 225-228) filed by VMware, Inc..(Vrana, Robert) (Entered: 09/10/2021)
9/10/2021NOTICE OF SERVICE of 1) VMware, Inc.'s Opening Claim Construction Brief and 2) VMware, Inc.'s Third Set of Requests for Production to Cirba Inc. and Cirba, IP, Inc. in the Consolidated Action (No. 215) filed by VMware, Inc..(Vrana, Robert) (Entered: 09/10/2021)
9/10/2021NOTICE OF SERVICE of Densify's Opening Claim Construction Brief filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 09/10/2021)
9/8/2021ORDER Appointing Special Master John W. Shaw, Esq. for the purpose of hearing a dispute concerning disqualification. Signed by Judge Leonard P. Stark on 9/8/21. (ntl) (Entered: 09/08/2021)
8/27/2021 NOTICE of Subpoena to Brett Slaney by VMware, Inc. (Vrana, Robert) (Entered: 08/27/2021)
8/19/2021 MOTION to Compel - filed by VMware, Inc.. (Gaza, Anne) (Entered: 08/19/2021)
8/16/2021REDACTED VERSION of 1036 Status Report by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 08/16/2021)
8/12/2021[SEALED] Joint STATUS REPORT by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 08/12/2021)
8/11/2021NOTICE OF SERVICE of Densify's Second Set of Requests for Production to VMware in the consolidated action (Nos. 225-228) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 08/11/2021)
8/9/2021NOTICE OF SERVICE of Densify's Responses to VMware's Second Set of Interrogatories in the Consolidated Action (No. 36) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 08/09/2021)
8/6/2021NOTICE OF SERVICE of Densify's responses to VMware's Second Set of Requests for Production in the consolidated action (Nos. 213-214) filed by Cirba IP, Inc..(Hitch, Cortlan) (Entered: 08/06/2021)
8/5/2021CLAIM Construction Chart by Cirba IP, Inc.. (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J, # 4 Exhibits K - N, # 5 Exhibit O, # 6 Exhibit P - Part 1, # 7 Exhibit P - Part 2, # 8 Exhibit Q - Part 1, # 9 Exhibit Q - Part 2, # 10 Exhibit Q - Part 3, # 11 Exhibits R - S, # 12 Exhibit T - Part 1, # 13 Exhibit T - Part 2, # 14 Exhibit U, # 15 Exhibits V - AA, # 16 Exhibits BB - FF)(Hitch, Cortlan) (Entered: 08/05/2021)
8/3/2021NOTICE OF SERVICE of VMware's Supplemental Preliminary Identification of Claim Terms and Proposed Constructions filed by VMware, Inc..(Gaza, Anne) (Entered: 08/03/2021)
7/30/2021NOTICE OF SERVICE of Densify's Initial Invalidity Contentions to VMware filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 07/30/2021)
7/29/2021NOTICE OF SERVICE of VMware's Initial Invalidity Contentions (Consolidated) filed by VMware, Inc..(Vrana, Robert) (Entered: 07/29/2021)
7/28/2021STIPULATION AND ORDER RELATING TO PROCEDURES FOR RESOLVING DISCOVERY DISPUTES BEFORE SPECIAL MASTER. Signed by John W. Shaw, Special Master on 7/28/21. (ntl) (Entered: 07/28/2021)
7/23/2021NOTICE OF SERVICE of Densify's Preliminary Identification of Claim Terms for Construction, Proposed Constructions and Intrinsic Evidence filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 07/23/2021)
7/22/2021NOTICE OF SERVICE of VMware's Preliminary Identification of Claim Terms and Proposed Constructions filed by VMware, Inc..(Vrana, Robert) (Entered: 07/22/2021)
7/22/2021NOTICE OF SERVICE of VMware, Inc.'s Objections and Responses to Cirba's Fourth Set of Interrogatories in the Consolidated Action (Nos. 26-27) filed by VMware, Inc..(Vrana, Robert) (Entered: 07/22/2021)
7/21/2021 NOTICE of [VMWARE, INC.'S NOTICE OF DEPOSITION AND NOTICE OF SUBPOENA TO MICRO FOCUS (US), INC.] by VMware, Inc. (Gaza, Anne) (Entered: 07/21/2021)
7/14/2021REDACTED VERSION of 1019 Notice (Other) [VMWARE, INC.'S NOTICE OF SECOND SUBPOENA TO INTERNATIONAL BUSINESS MACHINES CORP.] by VMware, Inc.. (Vrana, Robert) (Entered: 07/14/2021)
7/12/2021NOTICE OF SERVICE of VMware, Inc.'s Second Set of Interrogatories to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (No. 36) filed by VMware, Inc..(Vrana, Robert) (Entered: 07/12/2021)
7/8/2021 NOTICE of Filing a Petition for Post Grant Review and Two Petitions for Inter Partes Review of U.S. Patent No. 10,951,459 by VMware, Inc. (Attachments: # 1 Exhibit A - C)(Vrana, Robert) (Entered: 07/08/2021)
7/8/2021NOTICE OF SERVICE of VMware, Inc.'s Second Set of Requests for Production to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (Nos. 213-214) filed by VMware, Inc..(Vrana, Robert) (Entered: 07/08/2021)
7/7/2021[SEALED] NOTICE of Second Subpoena to International Business Machines Corp. by VMware, Inc. (Vrana, Robert) (Entered: 07/07/2021)
6/25/2021NOTICE OF SERVICE of Densify's responses to VMware's First Set of Consolidated Interrogatories (Nos. 26-35) filed by Cirba IP, Inc..(Hitch, Cortlan) (Entered: 06/25/2021)
6/22/2021NOTICE OF SERVICE of Densify's Fourth Set of Consolidated Interrogatories to VMware (Nos. 26-27) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/22/2021)
6/22/2021 NOTICE of [VMWARE, INC.'S NOTICE OF DEPOSITION AND NOTICE OF SUBPOENA TO NETIQ CORPORATION] by VMware, Inc. (Vrana, Robert) (Entered: 06/22/2021)
6/17/2021 NOTICE of VMware's Notice of Ex Parte Reexamination of U.S. Patent No. 9,654,367 by VMware, Inc. (Attachments: # 1 Exhibit A)(Wilson, Samantha) (Entered: 06/17/2021)
6/15/2021ORDER of USCA re Writ of Mandamus 2021-154. VMware is directed to respond within seven days of this order; any reply is due within three days of the filing of the response. (ntl) (Entered: 06/15/2021)
6/14/2021NOTICE OF DOCKETING of a Writ of Mandamus filed by Cirba Inc. Federal Circuit Docket No. 2021-154. (ntl) (Entered: 06/15/2021)
6/14/2021NOTICE OF SERVICE of 1) VMware, Inc.'s Objections and Responses to Densify's First Set of Requests for Production of Documents and Things to VMware in the Consolidated Action (Nos. 204-224) and 2) VMware's Third Amended Supplemental Disclosures Under Section 3 of the Default Standard for Discovery filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/14/2021)
6/8/2021NOTICE requesting Clerk to remove Rahul Sarkar as co-counsel.. (Dorsney, Kenneth) (Entered: 06/08/2021)
6/7/2021NOTICE OF SERVICE of Document Production in Accordance with Paragraph 8(b) of the Scheduling Order (D.I. 1003) filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/07/2021)
6/4/2021 ANSWER to 992 Amended Answer to Complaint, Counterclaim [VMWARE, INC.'S ANSWER TO CIRBA'S AMENDED COUNTERCLAIMS] by VMware, Inc..(Gaza, Anne) (Entered: 06/04/2021)
5/27/2021NOTICE OF SERVICE of VMware, Inc.'s First Set of Interrogatories to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (Nos. 26-35) filed by VMware, Inc..(Wilson, Samantha) (Entered: 05/27/2021)
5/26/2021NOTICE OF SERVICE of 1) VMwares Third Amended and Supplemental Rule 26(a)(1)Initial Disclosures; and 2) VMwares Second Amended Supplemental Disclosures Under Section 3 of the Default Standard for Discovery filed by VMware, Inc..(Vrana, Robert) (Entered: 05/26/2021)
5/25/2021NOTICE OF SERVICE of (1) Densify's Fourth Amended Initial 26(a) Disclosures and; (2) Densify's Fourth Amended Paragraph 3 Disclosures filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/25/2021)
5/21/2021SO ORDERED, re 1004 Stipulation and Order Regarding Modification to the Protective Order filed by Cirba IP, Inc., 1005 STIPULATION TO EXTEND TIME case dispositive motions to November 1, 2022 (Reset to corrected date) filed by Cirba IP, Inc. Signed by Judge Leonard P. Stark on 5/21/21. (ntl) (Entered: 05/21/2021)
5/20/2021 STIPULATION TO EXTEND TIME case dispositive motions to November 1, 2022 (Reset to corrected date) - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 05/20/2021)
5/20/2021 STIPULATION modification to the protective order re 833 Stipulation, 111 Proposed Order by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 05/20/2021)
5/18/2021CONSOLIDATED SCHEDULING ORDER: Status Report due by 8/12/2021 and 10/7/2022. Dispositive Motions due by 11/21/2022. Joint Claim Construction Brief due by 11/22/2021. A Markman Hearing is set for 12/22/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 5/17/21. (ntl) (Entered: 05/18/2021)
5/17/2021 STATEMENT re 995 Notice of Intent to Request Transcript Redaction notice of withdrawal of notice of intent to redact the May 3, 2021 transcript by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 05/17/2021)
5/13/2021NOTICE OF SERVICE of Densify's First Set of Requests for Production of Documents and Things to VMware in the Consolidated Action (Nos. 204-224) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/13/2021)
5/13/2021SO ORDERED, re 999 STIPULATION TO EXTEND TIME for VMware, Inc. to move against, answer, or otherwise respond to Cirba's Amended Counterclaims (D.I. 992) to June 4, 2021 filed by VMware, Inc. Signed by Judge Leonard P. Stark on 5/12/21. (ntl) (Entered: 05/13/2021)
5/11/2021NOTICE OF SERVICE of (1) Densify's Supplemental Initial Identification of the Accused Products, Asserted Patents and Damages Model; and (2) Densify's Supplemental Initial Infringement Contentions filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/11/2021)
5/11/2021 STIPULATION TO EXTEND TIME for VMware, Inc. to move against, answer, or otherwise respond to Cirba's Amended Counterclaims (D.I. 992) to June 4, 2021 - filed by VMware, Inc.. (Gaza, Anne) (Entered: 05/11/2021)
5/11/2021 NOTICE of Related Proceedings Before the Patent Trial and Appeal Board by VMware, Inc. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 05/11/2021)
5/10/2021NOTICE OF SERVICE of Densify's responses to VMware's First Set of Requests for Production in consolidated case (Nos. 175-212) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 05/10/2021)
5/7/2021 PROPOSED ORDER - Proposed Amended Consolidated Scheduling Order by Cirba IP, Inc.. (Attachments: # 1 Letter enclosing proposed order)(Dorsney, Kenneth) (Entered: 05/07/2021)
5/5/2021NOTICE of Intent to Request Redaction by Cortlan S. Hitch re 994 Transcript,, (Hitch, Cortlan) (Entered: 05/05/2021)
5/4/2021Official Transcript of Argument by Telephone Conference held on May 3, 2021 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/25/2021. Redacted Transcript Deadline set for 6/4/2021. Release of Transcript Restriction set for 8/2/2021. (bpg) (Entered: 05/04/2021)
5/3/2021NOTICE of filing the following Non-Paper material(s) in multi media format: with regard to Densify's Amended Answer and Counterclaims to VMware's Complaint. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kenneth Laurence Dorsney on behalf of Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 05/03/2021)
5/3/2021AMENDED ANSWER to, COUNTERCLAIM -- Densify's Amended Answer and Counterclaims to VMware's Complaint -- against VMware, Inc. by Cirba IP, Inc.. (Attachments: # 1 Exhibits 1 - 8, # 2 Exhibits 9 - 59)(Dorsney, Kenneth) (Entered: 05/03/2021)
5/3/2021Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 5/3/2021. (Court Reporter B. Gaffigan.) (ntl) (Entered: 05/03/2021)
5/3/2021991ORAL ORDER: For the reasons stated at the conclusion of today's teleconference, IT IS HEREBY ORDERED that (i) Plaintiffs' motion for certification under 28 U.S.C § 1292(b) (D.I. 960) is DENIED, and (ii) Plaintiffs' motion for leave to file an amended or supplemental answer and counterclaims (D.I. 976) is GRANTED. IT IS FURTHER ORDERED that, by no later than May 7, the parties shall submit proposed revisions to the current case schedule. ORDERED by Judge Leonard P. Stark on 5/3/21. (ntl) (Entered: 05/03/2021)
4/20/2021NOTICE OF SERVICE of for Densify's Initial Infringement Contentions for the Consolidated Action filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 04/20/2021)
4/19/2021NOTICE OF SERVICE of VMware, Inc.'s Initial Infringement Claim Charts filed by VMware, Inc..(Vrana, Robert) (Entered: 04/19/2021)
4/8/2021NOTICE OF SERVICE of VMware, Inc.'s First Set of Requests for Production to Cirba Inc. and Cirba IP, Inc. in the Consolidated Action (Nos. 175-212) filed by VMware, Inc..(Vrana, Robert) (Entered: 04/08/2021)
4/8/2021SO ORDERED, re 982 STIPULATED ORDER FOR DISCOVERY, INCLUDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION ("ESI") FOR CONSOLIDATED ACTIONS. Signed by Judge Leonard P. Stark on 4/7/21. (ntl) (Entered: 04/08/2021)
4/6/2021987ORAL ORDER: IT IS HEREBY ORDERED that the teleconference on the motion for certification of interlocutory appeal currently scheduled for April 16 is rescheduled to May 3, 2021, beginning at 10:30 a.m. IT IS FURTHER ORDERED that, having considered the parties' request for a teleconference (D.I. 986) to address Plaintiffs' motion for leave to amend (D.I. 976), the Court will hear argument on this motion during the same teleconference. Each side will be allocated up to thirty (30) minutes to present its argument on both motions. ORDERED by Judge Leonard P. Stark on 4/6/21. (ntl) (Entered: 04/06/2021)
4/5/2021 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding request for the scheduling of a teleconference for Densify's pending Motion for Leave to Amend Answer - re 978 Notice of Filing Multi Media Materials, 985 Letter, 983 Letter, 977 Letter,. (Dorsney, Kenneth) (Entered: 04/05/2021)
4/5/2021 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Reply in support of Motion for Leave to file Amended or Supplemental Answer and Counterclaims - re 983 Letter,. (Dorsney, Kenneth) (Entered: 04/05/2021)
4/1/2021 Letter to Chief Judge Stark from Kenneth L. Dorsney regarding Rescheduling April 16, 2021 Oral Argument. (Dorsney, Kenneth) (Entered: 04/01/2021)
3/30/2021 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Opposition to Cirba's Motion for Leave to File Amended or Supplemental Answer and Counterclaims - re 976 MOTION to Amend/Correct (Densify's Motion for Leave to File Amended or Supplemental Answer and Counterclaims), 977 Letter,. (Gaza, Anne) (Entered: 03/30/2021)
3/30/2021 PROPOSED ORDER - STIPULATED ORDER FOR DISCOVERY, INCLUDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION ("ESI") FOR CONSOLIDATED ACTIONS by VMware, Inc.. (Vrana, Robert) (Entered: 03/30/2021)
3/26/2021NOTICE OF SERVICE of VMware's production of core technical documents bearing Bates numbers VMWCC00146732 to VMWCC00173981 filed by VMware, Inc..(Vrana, Robert) (Entered: 03/26/2021)
3/26/2021NOTICE OF SERVICE of Densify's Second Supplemental Core Technical Documents and Sales Figures related to the Accused Products filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/26/2021)
3/26/2021979ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument by teleconference on the motion for certification of interlocutory appeal (D.I. 960) on April 16, 2021 beginning at 11:30 a.m. Each side will be allocated up to fifteen (15) minutes to present its argument. Any party wishing to refer to slides or other materials shall provide a copy to the Court no later than 4:00 p.m. the day before the hearing. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 3/26/21. (ntl) (Entered: 03/26/2021)
3/23/2021NOTICE of filing the following Non-Paper material(s) in multi media format: with regard to Densify's March 23, 2021 Motion to Amend and related Letter. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kenneth Laurence Dorsney on behalf of Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 03/23/2021)
3/23/2021 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Motion for Leave to file Amended or Supplemental Answer and Counterclaims - re 976 MOTION to Amend/Correct (Densify's Motion for Leave to File Amended or Supplemental Answer and Counterclaims). (Dorsney, Kenneth) (Entered: 03/23/2021)
3/23/2021 MOTION to Amend/Correct (Densify's Motion for Leave to File Amended or Supplemental Answer and Counterclaims) - filed by Cirba IP, Inc.. (Attachments: # 1 Exhibit A (clean version), # 2 Exhibits 1 - 8 to Exhibit A, # 3 Exhibits 9 - 59 to Exhibit A, # 4 Exhibit B (redline))(Dorsney, Kenneth) (Entered: 03/23/2021)
3/23/2021SO ORDERED, re 975 Joint STIPULATION TO EXTEND TIME for the parties to negotiate any proposed amendment to the existing ESI Order (D.I. 188) to April 1, 2021 filed by VMware, Inc. Signed by Judge Leonard P. Stark on 3/22/21. (ntl) (Entered: 03/23/2021)
3/18/2021Joint STIPULATION TO EXTEND TIME for the parties to negotiate any proposed amendment to the existing ESI Order (D.I. 188) to April 1, 2021 - filed by VMware, Inc.. (Vrana, Robert) (Entered: 03/18/2021)
3/15/2021NOTICE requesting Clerk to remove R. Benjamin Nelson as co-counsel.. (Vrana, Robert) (Entered: 03/15/2021)
3/9/2021SO ORDERED, re 970 STIPULATION TO EXTEND TIME for all motions to amend or supplement the pleadings to March 23, 2021 filed by Cirba IP, Inc. Signed by Judge Leonard P. Stark on 3/9/21. (ntl) (Entered: 03/09/2021)
3/8/2021NOTICE OF SERVICE of 1) VMware's Amended Supplemental Disclosures Under Section 3 of the Default Standard for Discovery; 2) VMware's Second Amended and Supplemental Rule 26(a)(1) Initial Disclosures, and 3) VMware, Inc.'s Supplemental Identification of Asserted Patents, Accused Products, Damages Model, and Prosecution File Histories filed by VMware, Inc..(Vrana, Robert) (Entered: 03/08/2021)
3/8/2021NOTICE OF SERVICE of (1) Plaintiff's Initial Identification of Accused Products, Asserted Patents and Damages Model; (2) Plaintiff's Third Amended 26(a) Initial Disclosures; and (3) Plaintiff's Third Amended Paragraph 3 Disclosures filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 03/08/2021)
3/5/2021 NOTICE of Change of Firm Name by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 03/05/2021)
3/5/2021 STIPULATION TO EXTEND TIME for all motions to amend or supplement the pleadings to March 23, 2021 - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 03/05/2021)
3/4/2021CORRECTING ENTRY: Corrected document added to D.I. 968 correcting paragraph numbers. (ntl) (Entered: 03/04/2021)
3/1/2021 NOTICE of [VMWARE'S NOTICE OF EX PARTE REEXAMINATION OF U.S. PATENT NO. 8,209,687] by VMware, Inc. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 03/01/2021)
2/25/2021CONSOLIDATED SCHEDULING ORDER: Discovery due by 4/29/2022. Status Report due by 6/10/2021. Dispositive Motions due by 11/1/2022. An Oral Argument is set for 1/6/2023 at 10:00 AM in Courtroom 6B before Judge Leonard P. Stark. Joint Claim Construction Brief due by 11/4/2021. A Markman Hearing is set for 11/22/2021 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 3/24/2023. A Final Pretrial Conference is set for 4/10/2023 at 10:00 AM in Courtroom 6B before Judge Leonard P. Stark. A 15-day Jury Trial is set for 4/24/2023 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 2/24/21. (ntl) (Main Document 968 replaced on 3/4/2021) (ntl). (Entered: 02/25/2021)
2/24/2021NOTICE requesting Clerk to remove Dan Hubin as co-counsel.. (Vrana, Robert) (Entered: 02/24/2021)
2/10/2021 REPLY BRIEF re 960 MOTION for Certification under 28 U.S.C § 1292(b) re 752 Memorandum and Order, 946 Memorandum and Order filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 02/10/2021)
2/5/2021NOTICE OF SERVICE of 1) VMware's Supplemental Disclosures Under Section 3 of the Default Standard for Discovery, and 2) VMware's Amended and Supplemental Initial Rule 26(a)(1) Initial Disclosures filed by VMware, Inc..(Vrana, Robert) (Entered: 02/05/2021)
2/5/2021NOTICE OF SERVICE of (1) Densify's Second Amended 26(a) Initial Disclosures and; (2) Densify's Second Amended Paragraph 3 Initial Disclosures filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 02/05/2021)
2/3/2021 ANSWERING BRIEF in Opposition re 960 MOTION for Certification under 28 U.S.C § 1292(b) re 752 Memorandum and Order, 946 Memorandum and Order filed by VMware, Inc..Reply Brief due date per Local Rules is 2/10/2021. (Gaza, Anne) (Entered: 02/03/2021)
1/22/2021 PROPOSED ORDER - Consolidated Proposed Scheduling Order by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 01/22/2021)
1/20/2021 OPENING BRIEF in Support re 960 MOTION for Certification under 28 U.S.C § 1292(b) re 752 Memorandum and Order, 946 Memorandum and Order filed by Cirba IP, Inc..Answering Brief/Response due date per Local Rules is 2/3/2021. (Dorsney, Kenneth) (Entered: 01/20/2021)
1/20/2021 MOTION for Certification under 28 U.S.C § 1292(b) re 752 Memorandum and Order, 946 Memorandum and Order - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 01/20/2021)
1/19/2021SO ORDERED, re 959 STIPULATION TO EXTEND TIME to Submit a Proposed Scheduling Order to January 22, 2021 filed by Cirba IP, Inc. Signed by Judge Leonard P. Stark on 1/19/21. (ntl) (Entered: 01/19/2021)
1/14/2021 STIPULATION TO EXTEND TIME to Submit a Proposed Scheduling Order to January 22, 2021 - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 01/14/2021)
1/8/2021ORDER Appointing Special Master: John W. Shaw, Esq. appointed. Signed by Judge Leonard P. Stark on 1/8/21. (ntl) (Entered: 01/08/2021)
1/7/2021SO ORDERED, re 957 Joint STIPULATION TO EXTEND TIME to submit proposed schedule to January 15, 2021 filed by VMware, Inc. Signed by Judge Leonard P. Stark on 1/6/21. (ntl) (Entered: 01/07/2021)
1/5/2021Joint STIPULATION TO EXTEND TIME to submit proposed schedule to January 15, 2021 - filed by VMware, Inc.. (Vrana, Robert) (Entered: 01/05/2021)
12/28/2020REDACTED VERSION of 941 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 12/28/2020)
12/28/2020REDACTED VERSION of 940 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 12/28/2020)
12/28/2020REDACTED VERSION of 938 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 12/28/2020)
12/28/2020REDACTED VERSION of 942 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Responsive Discovery Dispute Letter by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 12/28/2020)
12/28/2020Redaction of 873 Transcript. Official Transcript of Telephone Conference held on October 21, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian P. Gaffigan, email: gaffigan@verizon.net. (bpg) (Entered: 12/28/2020)
12/28/2020Redaction of 758 Transcript. Official Transcript of Teleconference Oral Argument held on May 15, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net.(bpg) (Entered: 12/28/2020)
12/23/2020ORDER REFERRING CASE to Clerk for assignment of a Special Master. Signed by Judge Leonard P. Stark on 12/23/20. (ntl) (Entered: 12/23/2020)
12/22/2020REDACTED VERSION of 935 Exhibit to a Document by VMware, Inc.. (Vrana, Robert) (Entered: 12/22/2020)
12/22/2020REDACTED VERSION of 934 Letter by VMware, Inc.. (Vrana, Robert) (Entered: 12/22/2020)
12/21/2020947ORAL ORDER: Having reviewed the parties' most recent discovery dispute letters and related materials (see, e.g., D.I. 934, 942), IT IS HEREBY ORDERED that: (i) with respect to VMware's request for an order compelling production of additional documents, it is clear Densify has made significant efforts to comply with the Court's October 21 order, likely rendering its production sufficiently responsive and proportional to the needs of the case; if nonetheless - after a further meet and confer, in light of the recency of VMware's specific requests and Densify's non-opposition to further production, subject to conditions - VMware continues to want further production, Densify shall provide that production PROVIDED that VMware agrees to pay 75% of Densify's costs associated with that production, for the reasons stated by Densify (see, e.g., D.I. 942 at 1-2); (ii) VMware's requests for an order compelling further responses to interrogatories 2 and 3 are DENIED, because, respectively, (a) VMware agreed that a Rule 33(d) response was sufficient, as long as Densify "point[ed] to the documents reflecting that information on a customer-by-customer basis" (D.I. 942 Ex. D at 6), it appears Densify did just that, and the burden of combing through the cited material appears to be the same regardless of which party undertakes to do it, and (b) Densify has sufficiently identified the bases for its non-infringement positions, which will be further articulated in expert reports, and Densify has agreed it is bound by the theories it has disclosed to date. IT IS FURTHER ORDERED that the Court will be appointing a special master to handle all future discovery disputes, with costs to be shared equally by both sides. This highly-litigious action has already involved dozens of discovery disputes. (See, e.g., D.I. 89, 185, 268, 277, 278, 296, 313, 341, 408, 419, 420, 501, 815, 860, 902) IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for today is CANCELLED. ORDERED by Judge Leonard P. Stark on 12/21/20. (ntl) (Entered: 12/21/2020)
12/21/2020MEMORANDUM ORDER regarding all pending motions including post-trial motions and motion to consolidate. Signed by Judge Leonard P. Stark on 12/21/20. Associated Cases: 1:19-cv-00742-LPS, 1:20-cv-00272-LPS (ntl) (Entered: 12/21/2020)
12/18/2020NOTICE OF SERVICE of 1) VMware, Inc.'s Objections and Responses to Cirba's Third Set of Counterclaim Interrogatories (Nos. 18-25); 2) VMware, Inc.'s Objections and Responses to Cirba's Third Set of Counterclaim Requests for Production of Documents and Things (Nos. 202-203), and 3) VMware, Inc.'s Objections and Responses to Cirba's First Set of Counterclaim Requests for Admission (Nos. 1-20) filed by VMware, Inc..(Vrana, Robert) (Entered: 12/18/2020)
12/18/2020NOTICE OF SERVICE of (1) Densify's Objections and Responses to Counter-Plaintiffs VMWare, Inc.'s Third Set of Counterclaim Interrogatories to Counter-Defendant Cirba Inc. (Nos.19-25) ;and (2) Densify's Responses to VMWare's First Set of Requests for Admissions to Plaintiffs (Nos. 1-20) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 12/18/2020)
12/18/2020NOTICE of Change of Address by Kenneth Laurence Dorsney (Dorsney, Kenneth) (Entered: 12/18/2020)
12/17/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Responsive Discovery Dispute Letter - re 937 Letter. (Dorsney, Kenneth) (Entered: 12/17/2020)
12/17/2020[SEALED] NOTICE of Withdrawal of Notice of Deposition by VMware, Inc. re 898 Notice (Other) (Vrana, Robert) (Entered: 12/17/2020)
12/17/2020[SEALED] NOTICE of Withdrawal of Notice of Deposition by VMware, Inc. re 893 Notice (Other) (Vrana, Robert) (Entered: 12/17/2020)
12/17/2020 NOTICE of Amended 30(b)(6) Deposition of VMware, Inc. by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 12/17/2020)
12/17/2020[SEALED] NOTICE of Withdrawal of Notice of Deposition by VMware, Inc. re 895 Notice (Other) (Vrana, Robert) (Entered: 12/17/2020)
12/16/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding the parties' request for the Court's clarification of the case schedule pursuant to the Oral Order of December 8, 2020 - re 927 Order,,,,,,,. (Gaza, Anne) (Entered: 12/16/2020)
12/16/2020REDACTED VERSION of 931 Notice (Other), of Withdrawal of Subpoenas by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 12/16/2020)
12/15/2020[SEALED] EXHIBIT re 934 Letter to the Honorable Leonard P. Stark from Anne Shea Gaza regarding Discovery Disputes in Response to the Court's November 24, 2020 Order - Exhibits 1-8 - by VMware, Inc.. (Gaza, Anne) (Entered: 12/15/2020)
12/15/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza on behalf of VMware, Inc. regarding Discovery Disputes in Response to the Court's November 24, 2020 Order - re 910 Order Setting Teleconference,,,,. (Gaza, Anne) (Entered: 12/15/2020)
12/15/2020NOTICE OF SERVICE of (1) Densify's Third Supplemental and Amended Responses to VMware's First Set of Counterclaim Interrogatories (Nos. 1-6); and (2) Densify's Third Supplemental and Amended Responses to VMware's Second Set of Counterclaim Interrogatories (Nos. 7-18) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 12/15/2020)
12/10/2020Remark: D.I. 931 was placed under seal per request of counsel. (ntl) (Entered: 12/10/2020)
12/9/2020REDACTED VERSION of 922 Letter, by VMware, Inc.. (Attachments: # 1 Exhibit A-H)(Gaza, Anne) (Entered: 12/09/2020)
12/9/2020[SEALED] NOTICE of Withdrawal of Subpoenas by Cirba IP, Inc. re 908 Notice (Other), 911 Notice (Other), 926 Notice (Other), 832 Notice (Other), 925 Notice (Other), 924 Notice (Other) (Dorsney, Kenneth) Modified on 12/10/2020 (ntl). (Entered: 12/09/2020)
12/9/2020REDACTED VERSION of 926 Notice (Other) of Subpoena to Benjamin Scheerer by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 12/09/2020)
12/9/2020REDACTED VERSION of 925 Notice (Other) of Subpoena by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 12/09/2020)
12/9/2020REDACTED VERSION of 924 Notice (Other) of Subpoena by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 12/09/2020)
12/8/2020927ORAL ORDER: Having reviewed the parties' letters concerning Densify's request for an extension of the case schedule (D.I. 912, 922), IT IS HEREBY ORDERED that the request is GRANTED. "Good cause exists when the imposed schedule cannot reasonably be met despite the diligence of the party seeking the extension." Le v. City of Wilmington, 2010 WL 2754253, at *2 (D. Del. July 12, 2010) (internal quotation marks omitted). Here, Densify has shown good cause. For example, since the hearing on October 21, 2020, it appears that Densify has been diligently complying with the Courts order to "do... significantly more." (D.I. 873 at 26; see also D.I. 912 at 1 (outlining efforts since October 21, including production of 115,000 additional responsive documents, supplemental interrogatory responses, responses to deposition notices, and witness designations)) In light of Densify's diligence and the ongoing pandemic, and the potential for conducting twenty-plus depositions in only two weeks this month and with newly-produced documents, Densify's request for a short extension is reasonable. The Court understands that Densify, having argued only the extension issue in its opening letter (and no other issue previously identified in the parties' joint request for a discovery dispute teleconference (D.I. 902)), has withdrawn its request to press its previously-listed requests. Accordingly, the briefing schedule originally ordered by the Court (D.I. 910) remains in place as to VMware's issues, should VMware still wish to raise them, and the teleconference set for December 21, 2020 will address only those issues. Should Densify have other issues it wishes still to brief, it shall follow the discovery process (i.e., meet and confer and submit a letter requesting a teleconference) in which case the Court may add issues back to the agenda for December 21. ORDERED by Judge Leonard P. Stark on 12/8/20. (ntl) (Entered: 12/08/2020)
12/2/2020[SEALED] NOTICE of Subpoena to Benjamin Scheerer by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 12/02/2020)
12/2/2020[SEALED] NOTICE of Subpoena to Kaiser Foundation Health Plan, Inc. by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 12/02/2020)
12/2/2020[SEALED] NOTICE of Subpoena to American International Group, Inc. by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 12/02/2020)
12/2/2020REDACTED VERSION of 912 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Initial Discovery Dispute Letter by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 12/02/2020)
12/2/2020Pro Hac Vice Attorney Connor S. Houghton for Cirba IP, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 12/02/2020)
12/2/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Response to Cirba's November 25, 2020 Discovery Dispute Letter (D.I. 912, 913) - re 913 Letter, 912 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Gaza, Anne) (Entered: 12/02/2020)
12/2/2020SO ORDERED, re 921 MOTION for Pro Hac Vice Appearance of Attorney Connor Houghton filed by Cirba IP, Inc. Signed by Judge Leonard P. Stark on 12/2/20. (ntl) (Entered: 12/02/2020)
12/1/2020MOTION for Pro Hac Vice Appearance of Attorney Connor Houghton - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 12/01/2020)
12/1/2020NOTICE requesting Clerk to remove Peter J. Ayers as co-counsel.. (Dorsney, Kenneth) (Entered: 12/01/2020)
11/30/2020NOTICE OF SERVICE of VMware, Inc.'s Response to Densify's Notice of Deposition of VMware filed by VMware, Inc..(Wilson, Samantha) (Entered: 11/30/2020)
11/30/2020NOTICE OF SERVICE of (1) Densify's Second Supplemental Objections and Responses to Counter-Plaintiffs VMWare, Inc.'s First Set of Counterclaim Interrogatories to Counter-Defendant (Nos. 1-6); and (2)Densify's Second Supplemental Objections and Responses to Counter-Plaintiffs VMWare, Inc.'s Second Set of Counterclaim Interrogatories to Counter-Defendant (Nos. 7-18) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 11/30/2020)
11/30/2020REDACTED VERSION of 911 Notice (Other) of Subpoena to Bill Erdman (AMENDED) by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/30/2020)
11/30/2020REDACTED VERSION of 908 Notice (Other) of Subpoena to Bill Erdman by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/30/2020)
11/30/2020NOTICE to Take Deposition of Zhelong Pan filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 11/30/2020)
11/25/2020NOTICE OF SERVICE of VMware, Inc.'s First Supplemental Objections and Responses to Cirba's Second Set of Counterclaim Interrogatories (Nos. 10-17) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/25/2020)
11/25/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding the filing of Densify's Initial Discovery Dispute Letter - re 910 Order Setting Teleconference,,,, 912 Letter. (Dorsney, Kenneth) (Entered: 11/25/2020)
11/25/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Initial Discovery Dispute Letter - re 910 Order Setting Teleconference,,,,. (Dorsney, Kenneth) (Entered: 11/25/2020)
11/24/2020[SEALED] NOTICE of Subpoena for Deposition to Bill Erdman (AMENDED) by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 11/24/2020)
11/24/2020910ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for December 21, 2020 at 4:15 p.m. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. IT IS FURTHER ORDERED that not later than December 15, 2020, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than December 17, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 11/24/2020. (ntl) (Entered: 11/24/2020)
11/23/2020NOTICE OF SERVICE of VMware, Inc.'s Objections and Responses to Cirba's Second Set of Counterclaim Requests for Production of Documents and Things (Nos. 165-201) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/23/2020)
11/23/2020[SEALED] NOTICE of Subpoena for Deposition to Bill Erdman by Cirba IP, Inc. (Hitch, Cortlan) (Entered: 11/23/2020)
11/23/2020 NOTICE of Deposition of Chris Wolf by Cirba IP, Inc. (Hitch, Cortlan) (Entered: 11/23/2020)
11/23/2020REDACTED VERSION of 899 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 11/23/2020)
11/23/2020REDACTED VERSION of 898 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 11/23/2020)
11/23/2020REDACTED VERSION of 895 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 11/23/2020)
11/23/2020REDACTED VERSION of 893 Notice (Other) by VMware, Inc.. (Vrana, Robert) (Entered: 11/23/2020)
11/19/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding the parties' request for the scheduling of a discovery teleconference. (Gaza, Anne) (Entered: 11/19/2020)
11/19/2020REDACTED VERSION of 891 Declaration of Wesley L. White by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/19/2020)
11/19/2020REDACTED VERSION of 890 MOTION to Redact 873 Transcript,, by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/19/2020)
11/19/2020[SEALED] NOTICE of Notice of Deposition and Notice of Subpoena to AT&T Inc. by VMware, Inc. (Gaza, Anne) (Entered: 11/19/2020)
11/19/2020[SEALED] NOTICE of Deposition and Notice of Subpoena to American International Group, Inc. by VMware, Inc. (Gaza, Anne) (Entered: 11/19/2020)
11/18/2020NOTICE OF SERVICE of 1) VMware,Inc.'s Third Set of Counterclaim Interrogatories to Counter-Defendant Cirba Inc. (Nos. 19-25), and 2) VMware, Inc.'s First Set of Counterclaim Requests for Admission to Counter-Defendants (Nos. 1-20) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/18/2020)
11/18/2020NOTICE OF SERVICE of (1)FIRST SET OF COUNTERCLAIM REQUESTS FOR ADMISSION. (NOS. 1-20); (2) THIRD SET OF COUNTERCLAIM REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS (NOS. 202-203) and THIRD SET OF COUNTERCLAIM INTERROGATORIES (NOS. 18-25) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 11/18/2020)
11/18/2020SO ORDERED, re 892 Joint STIPULATION Concerning Remote Depositions filed by VMware, Inc. Signed by Judge Leonard P. Stark on 11/18/20. (ntl) (Entered: 11/18/2020)
11/17/2020[SEALED] NOTICE of Deposition and Notice of Subpoena to Fidelity Information Services, LLC by VMware, Inc. (Gaza, Anne) (Entered: 11/17/2020)
11/16/2020NOTICE to Take Deposition of Jeff Pauze on a date to be mutually agreed upon by the parties filed by VMware, Inc..(Gaza, Anne) (Entered: 11/16/2020)
11/16/2020[SEALED] NOTICE of Deposition and Notice of Subpoena to Kaiser Foundation Health Plan, Inc. by VMware, Inc. (Gaza, Anne) (Entered: 11/16/2020)
11/13/2020Joint STIPULATION Concerning Remote Depositions by VMware, Inc.. (Vrana, Robert) (Entered: 11/13/2020)
11/12/2020[SEALED] DECLARATION re 890 MOTION to Redact 873 Transcript,, Declaration of Wesley L. White by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/12/2020)
11/12/2020[SEALED] MOTION to Redact 873 Transcript,, - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 11/12/2020)
11/6/2020Interim STATUS REPORT by VMware, Inc.. (Gaza, Anne) (Entered: 11/06/2020)
11/6/2020NOTICE to Take Deposition of Rajesh Venkatasubramanian filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 11/06/2020)
11/6/2020NOTICE to Take Deposition of Joe Kinsella filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 11/06/2020)
11/6/2020NOTICE to Take Deposition of Tracy Waller filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 11/06/2020)
11/4/2020NOTICE to Take Deposition of Tom Yuyitung on [Date TBD] filed by VMware, Inc..(Vrana, Robert) (Entered: 11/04/2020)
11/4/2020NOTICE to Take Deposition of Chuck Tatham on [Date TBD] filed by VMware, Inc..(Vrana, Robert) (Entered: 11/04/2020)
11/4/2020NOTICE to Take Deposition of Riyaz Somani on [Date TBD] filed by VMware, Inc..(Vrana, Robert) (Entered: 11/04/2020)
11/4/2020NOTICE to Take Deposition of Gerry Smith on [Date TBD] filed by VMware, Inc..(Vrana, Robert) (Entered: 11/04/2020)
11/4/2020NOTICE to Take Deposition of Andrew Hillier on [Date TBD] filed by VMware, Inc..(Vrana, Robert) (Entered: 11/04/2020)
11/4/2020NOTICE to Take Deposition of Scott Browne on [Date TBD] filed by VMware, Inc..(Vrana, Robert) (Entered: 11/04/2020)
11/4/2020NOTICE to Take Deposition of Rodney Botelho on [Date TBD] filed by VMware, Inc..(Vrana, Robert) (Entered: 11/04/2020)
11/4/2020NOTICE to Take Deposition of Ray Boots on [Date TBD] filed by VMware, Inc..(Vrana, Robert) (Entered: 11/04/2020)
11/2/2020NOTICE of Intent to Request Redaction by Kenneth Laurence Dorsney re 873 Transcript,, (Dorsney, Kenneth) (Entered: 11/02/2020)
11/2/2020NOTICE OF SERVICE of (1) Densify's supplemental responses to VMware's First Set of Counterclaim Interrogatories (Nos. 1-6); and (2) Densify's supplemental response to VMware's Second Set of Counterclaim Interrogatories (Nos. 7-18) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 11/02/2020)
10/29/2020NOTICE OF SERVICE of (1) Densify's Objections and Responses to VMware's Notice of 30(b)(6) Deposition; and (2) Densify's Notice of 30(b)(6) Deposition to VMware filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/29/2020)
10/29/2020NOTICE OF SERVICE of Counter-Plaintiff VMware, Inc.'s Second Amended Disclosures Under Section 3 of the Default Standard for Discovery filed by VMware, Inc..(Vrana, Robert) (Entered: 10/29/2020)
10/27/2020[SEALED] Official Transcript of Telephone Conference held on October 21, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian P. Gaffigan, email: gaffigan@verizon.net. (bpg) Modified on 12/23/2020 (ntl). (Entered: 10/27/2020)
10/27/2020REDACTED VERSION of 854 Declaration of Wesley L. White by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/27/2020)
10/27/2020REDACTED VERSION of 853 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney responding to October 19th, 2020 Oral Order by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/27/2020)
10/27/2020REDACTED VERSION of 855 Letter, by VMware, Inc.. (Attachments: # 1 Exhibit 43)(Gaza, Anne) (Entered: 10/27/2020)
10/23/2020NOTICE OF SERVICE of VMware, Inc.'s Objections and Responses to Cirba's Second Set of Counterclaim Interrogatories (Nos. 10-17) filed by VMware, Inc..(Vrana, Robert) (Entered: 10/23/2020)
10/23/2020NOTICE OF SERVICE of Densify's Second Set of Counterclaim Requests for Production to VMware (Nos. 165-201) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/23/2020)
10/22/2020REDACTED VERSION of 856 Notice to Take Deposition and Notice of Subpoena by VMware, Inc.. (Attachments: # 1 Exhibit 1)(Vrana, Robert) (Entered: 10/22/2020)
10/22/2020REDACTED VERSION of 851 Letter by VMware, Inc.. (Attachments: # 1 Exhibit 34-42)(Gaza, Anne) (Entered: 10/22/2020)
10/22/2020REDACTED VERSION of 850 Declaration of Jeffery Pauze by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/22/2020)
10/22/2020REDACTED VERSION of 849 Declaration of Brent Wells by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/22/2020)
10/22/2020REDACTED VERSION of 848 Declaration of Ariel C. Green by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/22/2020)
10/22/2020REDACTED VERSION of 847 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Responsive Discovery Dispute Letter by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/22/2020)
10/22/2020NOTICE OF SERVICE of Densify's Final Invalidity Contentions filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 10/22/2020)
10/21/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 10/21/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 10/21/2020)
10/21/2020860ORAL ORDER: Having reviewed the parties' discovery dispute letters (D.I. 844, 845, 847, 851) and related materials, and subsequent letters and additional materials more specifically addressing the issue of meet and confer (D.I. 853, 855), IT IS HEREBY ORDERED that: (i) Densify's request regarding vCenter development documents is DENIED for failure to confer, as the parties met and conferred in connection with a request to substitute custodians (in the context of the sought sales organization documents) and not as to the now-requested vCenter development documents - Densify has further failed to show that the parties met and conferred regarding its request for additional documents concerning DRS; (ii) Densify's request regarding sales organization documents is DENIED for failure to confer as to the two previously-unidentified proposed custodians (Densify admits that it had not specifically mentioned the head of VMware sales or VMware's sales representative(s) for Bank of America (D.I. 853 at 3)), and is DENIED as to all proposed custodians as unripe in light of VMware's offer to compromise (D.I. 851 at 2) - the request is DENIED as to documents responsive to RFPs 77 and 110-12 given VMware's representation that it is not withholding any documents responsive to those RFPs (D.I. 851 at 2); (iii) Densify's request regarding copying documents is DENIED in light of VMware's representation that all custodial documents responsive to RFPs 119-23 have been produced (D.I. 851 at 2-3); (iv) Densify's request regarding acquisition-related documents is DENIED for failure to confer as to Day, a previously-unidentified proposed custodian (Densify fails to address Day in its latest letter) (see generally D.I. 853), and is DENIED as to Raghuram for failure to show good cause to expand the list of custodians, particularly in light of Raghuram's prior deposition and the acquisition-related documents already produced before the January trial; (v) VMware's request regarding usage data is DENIED as unripe in light of Densify's stated intention to supplement its interrogatory responses by October 30 and to search for documents like those identified by VMware (D.I. 847 at 2-3); (vi) VMware's request regarding ESI search terms is DENIED as unripe in light of Densify's representation that it will consider the proposed search terms in VMware's letter (see D.I. 844 Ex. 23) and Densify's expressed willingness to reach a compromise with VMware as to a set of search terms (D.I. 847 at 3); (vii) VMware's request regarding interrogatory responses is DENIED as unripe in light of Densify's intent to supplement its interrogatory responses by October 30 and Densify's assertion that it has advised VMware of additional documents in its production related to managed services (D.I. 847 at 3); and (viii) VMware's request regarding Botelho as a proposed custodian is DENIED, given that Botelho was a direct report of Pauze, who has stated that he can answer VMware's source code/Confluence questions if he is permitted to review the code, and given that the combination of Hillier (Chief Technology Officer), Yuyitung (Chief Architect), and Jurgens (Senior Vice President of Product Management) as already-designated custodians should adequately capture the documents VMware seeks. IT IS FURTHER ORDERED that the teleconference today will be focused on the disputes not resolved by this Order, namely Densify's request for production of testing documents and VMware's requests for production of technical documents and to expand the temporal limit. ORDERED by Judge Leonard P. Stark on 10/21/20. (ntl) (Entered: 10/21/2020)
10/20/2020REDACTED VERSION of 844 Letter, by VMware, Inc.. (Attachments: # 1 Exhibit 1-33, # 2 Text of Proposed Order)(Gaza, Anne) (Entered: 10/20/2020)
10/20/2020REDACTED VERSION of 846 Declaration of Ariel C. Green by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/20/2020)
10/20/2020REDACTED VERSION of 845 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Initial Discovery Dispute Letter by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/20/2020)
10/20/2020[SEALED] NOTICE to Take Deposition of Kohl's Corporation on November 3, 2020 and Notice of Subpoena filed by VMware, Inc.. (Attachments: # 1 Exhibit 1)(Vrana, Robert) (Entered: 10/20/2020)
10/20/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Submission in Response to the Court's October 19, 2020 Order (D.I. 852) - re 852 Order Setting Teleconference,,,. (Attachments: # 1 Exhibit 43)(Gaza, Anne) (Entered: 10/20/2020)
10/20/2020[SEALED] DECLARATION re 853 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney responding to October 19th, 2020 Oral Order (executed by Wesley L. White) by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/20/2020)
10/20/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's response to the Court's October 19, 2020 Oral Order - re 852 Order Setting Teleconference,,,. (Dorsney, Kenneth) (Entered: 10/20/2020)
10/19/2020852ORAL ORDER: Having reviewed the parties' discovery dispute letters and related materials (see, e.g., D.I. 844, 845, 847, 851), IT IS HEREBY ORDERED that as to each issue that a party argues in those letters is moot or unripe due to a failure to confer, the opposing party shall submit, no later than 10:00 a.m. tomorrow morning, (i) evidence that the parties actually met and conferred on the relevant issue before the discovery dispute letters were filed, (ii) confirmation that the parties had not met and conferred on the relevant issue before the discovery dispute letters were filed, and/or (iii) an explanation as to why the issue is ripe for judicial resolution. IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for tomorrow is CONTINUED to Wednesday, October 21 at 3:45 p.m. ORDERED by Judge Leonard P. Stark on 10/19/20. (ntl) (Entered: 10/19/2020)
10/16/2020CORRECTING ENTRY: Corrected letter added to D.I. 847 per request of counsel. (ntl) (Entered: 10/16/2020)
10/15/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Response to Cirba's October 13, 2020 Discovery Dispute Letter - re 845 Letter. (Attachments: # 1 Exhibit 34-42)(Gaza, Anne) (Entered: 10/15/2020)
10/15/2020[SEALED] DECLARATION re 847 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Responsive Discovery Dispute Letter (executed by Jeffery Pauze) by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/15/2020)
10/15/2020[SEALED] DECLARATION re 847 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Responsive Discovery Dispute Letter (executed by Brent Wells) by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/15/2020)
10/15/2020[SEALED] Second DECLARATION re 847 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Responsive Discovery Dispute Letter (executed by Ariel C. Green) by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/15/2020)
10/15/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Responsive Discovery Dispute Letter - re 844 Letter,. (Dorsney, Kenneth) (Main Document 847 replaced on 10/16/2020) (ntl). (Entered: 10/15/2020)
10/13/2020[SEALED] DECLARATION re 845 Letter to The Honorable Leonard P. Stark regarding Densify's Initial Discovery Dispute Letter (executed by Ariel C. Green) by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/13/2020)
10/13/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's Initial Discovery Dispute Letter - re 841 Order Setting Teleconference,,,,. (Dorsney, Kenneth) (Entered: 10/13/2020)
10/13/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza on behalf of VMware, Inc. regarding Discovery Disputes in Response to the Court's October 7, 2020 Order - re 841 Order Setting Teleconference,,,,. (Attachments: # 1 Exhibit 1-16, # 2 Exhibit 17-33, # 3 Text of Proposed Order)(Gaza, Anne) (Entered: 10/13/2020)
10/13/2020SO ORDERED, re 842 STIPULATION TO EXTEND TIME for Plaintiffs/Counter-Defendants Cirba Inc. (d/b/a Densify) and Cirba IP, Inc. to serve final invalidity contentions to October 21, 2020 filed by Cirba IP, Inc.. Signed by Judge Leonard P. Stark on 10/13/20. (ntl) (Entered: 10/13/2020)
10/9/2020REDACTED VERSION of 837 Notice to Take Deposition by VMware, Inc.. (Gaza, Anne) (Entered: 10/09/2020)
10/9/2020 STIPULATION TO EXTEND TIME for Plaintiffs/Counter-Defendants Cirba Inc. (d/b/a Densify) and Cirba IP, Inc. to serve final invalidity contentions to October 21, 2020 - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/09/2020)
10/7/2020841ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for October 20, 2020 at 10:00 a.m. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. IT IS FURTHER ORDERED that not later than October 13, 2020, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than October 15, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 10/7/2020. (ntl) (Entered: 10/07/2020)
10/6/2020ORDER re 839 Memorandum Opinion regarding claim construction. Signed by Judge Leonard P. Stark on 10/6/20. (ntl) (Entered: 10/06/2020)
10/6/2020MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 10/6/20. (ntl) (Entered: 10/06/2020)
10/5/2020SO ORDERED, re 833 Stipulation and Order Regarding Modification to the Protective Order filed by VMware, Inc. Signed by Judge Leonard P. Stark on 10/1/20. (ntl) (Entered: 10/05/2020)
10/5/2020NOTICE OF SERVICE of VMware, Inc.'s Corrected Final Infringement Contentions filed by VMware, Inc..(Vrana, Robert) (Entered: 10/05/2020)
10/2/2020[SEALED] NOTICE to Take Deposition of Cirba, Inc. [30(b)(6)] on October 30, 2020 filed by VMware, Inc..(Gaza, Anne) (Entered: 10/02/2020)
10/1/2020REDACTED VERSION of 832 Notice (Other) of Subpoena to International Business Machines Corp. by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 10/01/2020)
10/1/2020NOTICE OF SERVICE of VMware, Inc.'s Final Infringement Contentions filed by VMware, Inc..(Vrana, Robert) (Entered: 10/01/2020)
9/28/2020REDACTED VERSION of 830 Notice to Take Deposition by VMware, Inc.. (Vrana, Robert) (Entered: 09/28/2020)
9/25/2020Joint STIPULATION and [Proposed] Order Regarding Modification to the Protective Order (D.I. 111) re SO ORDERED, 111 Proposed Order by VMware, Inc.. (Vrana, Robert) (Entered: 09/25/2020)
9/25/2020[SEALED] NOTICE of Subpoena to International Business Machines Corp. by Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 09/25/2020)
9/23/2020NOTICE OF SERVICE of Densify's Second Set of Counterclaim Interrogatories (Nos. 10-17) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 09/23/2020)
9/21/2020[SEALED] NOTICE to Take Deposition of International Business Machines Corporation on October 5, 2020 and Notice of Service of Subpoena filed by VMware, Inc.. (Attachments: # 1 Exhibit 1)(Wilson, Samantha) (Entered: 09/21/2020)
9/18/2020NOTICE OF SERVICE of VMware, Inc.'s Second Amended and Supplemental Objections and Responses to Cirba's First Set of Counterclaim Interrogatories (Nos. 1-9) filed by VMware, Inc..(Vrana, Robert) (Entered: 09/18/2020)
9/11/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding identification of outstanding discovery issues - re 827 Order,. (Dorsney, Kenneth) (Entered: 09/11/2020)
9/8/2020827ORAL ORDER: Having reviewed the parties' recent letters (D.I. 815, 817, 824), IT IS HEREBY ORDERED that the parties shall file a joint letter by no later than September 11, 2020, outlining any outstanding issues that require resolution by the Court. At that time, the Court will consider whether a teleconference is warranted to address those issues. ORDERED by Judge Leonard P. Stark on 9/8/20. (ntl) (Entered: 09/08/2020)
9/4/2020NOTICE requesting Clerk to remove Joachim B. Steinberg as co-counsel.. (Dorsney, Kenneth) (Entered: 09/04/2020)
9/2/2020NOTICE requesting Clerk to remove Justin Jeffery Sorensen as co-counsel.. (Vrana, Robert) (Entered: 09/02/2020)
9/2/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding update to discovery disputes - re 817 Letter. (Dorsney, Kenneth) (Entered: 09/02/2020)
8/31/2020REDACTED VERSION of 817 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's August 20, 2020 Letter by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/31/2020)
8/27/2020REDACTED VERSION of 816 Exhibit to a Document, [Exhibits 1-8] by VMware, Inc.. (Vrana, Robert) (Entered: 08/27/2020)
8/27/2020REDACTED VERSION of 815 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Request for Discovery Dispute Teleconference by VMware, Inc.. (Vrana, Robert) (Entered: 08/27/2020)
8/27/2020Official Transcript of Claim Construction Hearing held on August 7, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/17/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/25/2020. (bpg) (Entered: 08/27/2020)
8/26/2020NOTICE OF SERVICE of 1) Counter-Plaintiff VMware's Rule 26(a)(1) Amended and Supplemental Initial Disclosures; 2) Counter-Plaintiff VMware, Inc.'s Amended Disclosures Under Section 3 of the Default Standard for Discovery, and 3) VMware, Inc.'s Amended and Supplemental Objections and Responses to Cirba's First Set of Counterclaim Interrogatories (Nos. 1-9) filed by VMware, Inc..(Vrana, Robert) (Entered: 08/26/2020)
8/24/2020NOTICE OF SERVICE of Densify's response to VMware's Second Set of Counterclaim Interrogatories (Nos. 7-18) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 08/24/2020)
8/20/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's August 20, 2020 Letter - re 815 Letter, 816 Exhibit to a Document,. (Dorsney, Kenneth) (Entered: 08/20/2020)
8/20/2020[SEALED] EXHIBIT re 815 Letter [Exhibits 1-8] by VMware, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Certificate of Service)(Gaza, Anne) (Entered: 08/20/2020)
8/20/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Request for Discovery Dispute Teleconference. (Gaza, Anne) (Entered: 08/20/2020)
8/17/2020NOTICE OF SERVICE of Cirba's responses to VMware's Second Set of Counterclaim Requests for Production (Nos. 131-174) filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 08/17/2020)
8/14/2020Redaction of 758 Transcript. Telephonic Oral Argument Hearing before Chief Judge Leonard P. Stark. Brian Gaffigan, court reporter, e-mail address: gaffigan@verizon.net (bpg) (Entered: 08/14/2020)
8/12/2020SO ORDERED, re 812 STIPULATION TO EXTEND TIME for the substantial completion of document production to September 11, 2020 filed by Cirba IP, Inc. Signed by Judge Leonard P. Stark on 8/12/20. (ntl) (Entered: 08/12/2020)
8/11/2020 STIPULATION TO EXTEND TIME for the substantial completion of document production to September 11, 2020 - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 08/11/2020)
8/7/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held on 8/7/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 08/07/2020)
8/6/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding enclosure of Densify's Markman Slides - re 802 Order,,, Set Hearings,,. (Attachments: # 1 Slides)(Dorsney, Kenneth) (Entered: 08/06/2020)
8/6/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware, Inc.'s PowerPoint Slides for the August 7, 2020 Claim Construction Hearing - re 802 Order,,, Set Hearings,,. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 08/06/2020)
8/5/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Claim Construction Hearing on August 7, 2020. (Gaza, Anne) (Entered: 08/05/2020)
8/4/2020ORDER re 782 MOTION to Redact 758 Transcript (UNOPPOSED) filed by Cirba IP, Inc. Signed by Judge Leonard P. Stark on 8/4/20. (ntl) (Entered: 08/04/2020)
7/30/2020 STATEMENT re 798 Notice (Other) - Densify's response to VMware's Notice of Subsequent Authority by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/30/2020)
7/30/2020 REPLY BRIEF re 785 MOTION to Redact 758 Transcript,, filed by VMware, Inc.. (Gaza, Anne) (Entered: 07/30/2020)
7/30/2020REDACTED VERSION of 800 Declaration of Michael G. Flanigan by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/30/2020)
7/30/2020REDACTED VERSION of 799 Answering Brief in Opposition to VMware's Motion to Seal and Redact the Post-Trial Hearing Transcript by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/30/2020)
7/24/2020NOTICE OF SERVICE of VMware, Inc.'s Second Set of Counterclaim Interrogatories to Counter-Defendant Cirba Inc. (Nos. 7-18) filed by VMware, Inc..(Vrana, Robert) (Entered: 07/24/2020)
7/24/2020802ORAL ORDER: IT IS HEREBY ORDERED that the Markman hearing scheduled for July 31 is RESCHEDULED for August 7, 2020 beginning at 1:00 p.m. and will proceed by video. The parties shall make the necessary arrangements. Any demonstratives or other materials a party wishes to refer to at the hearing must be submitted to the Court no later than 1:00 p.m. on August 6. The Court approves all that is set forth in Counsel's letter to the Court dated July 9 (D.I. 791). ORDERED by Judge Leonard P. Stark on 7/24/20. (ntl) (Entered: 07/24/2020)
7/23/2020NOTICE of filing the following Non-Paper material(s) in multi media format: Video Exhibit B to Declaration of Michael G. Flanigan in support of Plaintiff's Opposition to VMware's Motion to Redact and Seal post-trial hearing transcript. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kenneth Laurence Dorsney on behalf of Cirba IP, Inc. (Dorsney, Kenneth) (Entered: 07/23/2020)
7/23/2020[SEALED] DECLARATION re 799 Answering Brief in Opposition to Motion to Redact, executed by Michael G. Flanigan by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/23/2020)
7/23/2020[SEALED] ANSWERING BRIEF in Opposition re 785 MOTION to Redact 758 Transcript,, filed by Cirba IP, Inc..Reply Brief due date per Local Rules is 7/30/2020. (Dorsney, Kenneth) (Entered: 07/23/2020)
7/21/2020 NOTICE of Subsequent Authority by VMware, Inc. re 712 Opening Brief in Support, 715 Reply Brief (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 07/21/2020)
7/20/2020NOTICE OF SERVICE of Densify's Second Supplemental Initial Invalidity Contentions filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 07/20/2020)
7/16/2020NOTICE OF SERVICE of VMware, Inc.'s Second Set of Counterclaim Requests for Production to Counter-Defendant Cirba Inc. Nos. 131-174 filed by VMware, Inc..(Wilson, Samantha) (Entered: 07/16/2020)
7/16/2020REDACTED VERSION of 786 Declaration by VMware, Inc.. (Attachments: # 1 Exhibit A and B)(Wilson, Samantha) (Entered: 07/16/2020)
7/16/2020REDACTED VERSION of 783 Declaration of Jennifer Estremera in support of Densify's Unopposed Motion to Redact Transcript by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/16/2020)
7/16/2020REDACTED VERSION of 782 MOTION to Redact 758 Transcript,, (UNOPPOSED) by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/16/2020)
7/10/2020Joint STATUS REPORT by VMware, Inc.. (Gaza, Anne) (Entered: 07/10/2020)
7/9/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Claim Construction Hearing. (Gaza, Anne) (Entered: 07/09/2020)
7/9/2020CLAIM Construction Chart by VMware, Inc.. (Gaza, Anne) (Entered: 07/09/2020)
7/9/2020Joint APPENDIX re 788 Joint Claim Construction Brief by VMware, Inc.. (Attachments: # 1 Exhibit A1 - A12, # 2 Exhibit B1 - B4)(Gaza, Anne) (Entered: 07/09/2020)
7/9/2020 JOINT CLAIM CONSTRUCTION BRIEF filed by VMware, Inc.. (Gaza, Anne) (Entered: 07/09/2020)
7/9/2020 DECLARATION re 785 MOTION to Redact 758 Transcript,, - Declaration of Chandra Prathuri - by VMware, Inc.. (Gaza, Anne) (Entered: 07/09/2020)
7/9/2020[SEALED] DECLARATION re 785 MOTION to Redact 758 Transcript,, - Declaration of Diek O. Van Nort - by VMware, Inc.. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 07/09/2020)
7/9/2020 MOTION to Redact 758 Transcript,, - filed by VMware, Inc.. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 07/09/2020)
7/9/2020 STATEMENT - Plaintiffs' comments to VMware's Technology Tutorial by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/09/2020)
7/9/2020[SEALED] DECLARATION re 782 MOTION to Redact 758 Transcript,, (UNOPPOSED) -- executed by Jennifer Estremera by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/09/2020)
7/9/2020[SEALED] MOTION to Redact 758 Transcript,, (UNOPPOSED) - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/09/2020)
7/9/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's comments on Cirba's June 25, 2020 technology tutorial - re 770 Letter. (Gaza, Anne) (Entered: 07/09/2020)
7/8/2020REDACTED VERSION of 777 Answering Brief in Opposition by VMware, Inc.. (Gaza, Anne) (Entered: 07/08/2020)
7/7/2020NOTICE OF SERVICE of Plaintiff's Sur-Reply Claim Construction Brief filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 07/07/2020)
7/2/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's hyperlinked versions of its supplemental post-trial submissions - re 762 Letter, 767 Letter, 777 Answering Brief in Opposition, 754 Letter. (Gaza, Anne) (Entered: 07/02/2020)
7/1/2020[SEALED] ANSWERING BRIEF in Opposition re 756 MOTION for Reargument re 752 Memorandum and Order, filed by VMware, Inc..Reply Brief due date per Local Rules is 7/8/2020. (Gaza, Anne) (Entered: 07/01/2020)
7/1/2020REDACTED VERSION of 767 Letter by VMware, Inc.. (Attachments: # 1 Exhibit 1-3)(Gaza, Anne) (Entered: 07/01/2020)
7/1/2020REDACTED VERSION of 766 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Plaintiff's reply supplemental post-trial letter brief by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 07/01/2020)
6/26/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding enclosure of hyperlinked versions of Densify's supplemental letter briefing and motion for reargument - re 755 Letter, 766 Letter, 761 Letter, 756 MOTION for Reargument re 752 Memorandum and Order, . (Dorsney, Kenneth) (Entered: 06/26/2020)
6/26/2020REDACTED VERSION of 761 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Plaintiff's response to VMware's supplemental post-trial letter brief by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 06/26/2020)
6/26/2020REDACTED VERSION of 762 Letter by VMware, Inc.. (Vrana, Robert) (Entered: 06/26/2020)
6/25/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Technology Tutorial. (Attachments: # 1 VMware's Technology Tutorial slides)(Gaza, Anne) (Entered: 06/25/2020)
6/25/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding enclosure of Cirba's technology tutorial. (Dorsney, Kenneth) (Entered: 06/25/2020)
6/25/2020NOTICE of Intent to Request Redaction by Robert M. Vrana re 758 Transcript,, (Vrana, Robert) (Entered: 06/25/2020)
6/25/2020NOTICE of Intent to Request Redaction by Kenneth Laurence Dorsney re 758 Transcript,, (Dorsney, Kenneth) (Entered: 06/25/2020)
6/24/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Supplemental Post-Trial Reply Brief - re 761 Letter. (Attachments: # 1 Exhibit 1-3)(Gaza, Anne) (Entered: 06/24/2020)
6/24/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Plaintiff's reply supplemental post-trial letter brief - re 755 Letter, 761 Letter. (Dorsney, Kenneth) (Entered: 06/24/2020)
6/24/2020REDACTED VERSION of 757 Declaration of Ariel Green by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 06/24/2020)
6/24/2020REDACTED VERSION of 756 MOTION for Reargument re 752 Memorandum and Order, by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 06/24/2020)
6/23/2020NOTICE OF SERVICE of 1) VMware's Reply Claim Construction Brief, and 2) Declaration of Dr. Daniel Menasce in Support of VMware's Reply Claim Construction Brief filed by VMware, Inc..(Vrana, Robert) (Entered: 06/23/2020)
6/19/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Response to Cirba's Supplemental Letter Brief as to VMware's Post-Trial Motions - re 755 Letter. (Gaza, Anne) (Entered: 06/19/2020)
6/19/2020[SEALED] Letter to Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Supplemental Post-Trial Responsive Brief - re 754 Letter. (Dorsney, Kenneth) (Entered: 06/19/2020)
6/18/2020REDACTED VERSION of 754 Letter by VMware, Inc.. (Attachments: # 1 Exhibit 1-8)(Gaza, Anne) (Entered: 06/18/2020)
6/18/2020REDACTED VERSION of 755 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's supplemental letter brief as to post-trial motions by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 06/18/2020)
6/18/2020[SEALED] Official Transcript of Teleconference Oral Argument held on May 15, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net. (bpg) Modified on 8/4/2020 (ntl). (Entered: 06/18/2020)
6/17/2020[SEALED] DECLARATION re 756 MOTION for Reargument re 752 Memorandum and Order, by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 06/17/2020)
6/17/2020[SEALED] MOTION for Reargument re 752 Memorandum and Order, - filed by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 06/17/2020)
6/11/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's supplemental letter brief as to VMware's post-trial motions - re 752 Memorandum and Order,. (Dorsney, Kenneth) (Entered: 06/11/2020)
6/11/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza on behalf of VMware, Inc. regarding Supplemental Post-Trial Briefing - re 752 Memorandum and Order,. (Attachments: # 1 Exhibit 1-8)(Gaza, Anne) (Entered: 06/11/2020)
6/9/2020NOTICE OF SERVICE of Cirba Inc.'s Responsive Claim Construction Brief and related Declaration of Dr. Madisetti filed by Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/09/2020)
6/4/2020Document Unsealed -- 752 Memorandum Order. (ntl) (Entered: 06/04/2020)
6/3/2020MEMORANDUM ORDER re 601 MOTION to Dismiss Cirba Inc. for Lack of Standing filed by VMware, Inc. is GRANTED. Cirba Inc. is dismissed. Signed by Judge Leonard P. Stark on 6/3/20. This order has been emailed to local counsel. (ntl) (Main Document 752 replaced and UNSEALED on 6/4/2020) (ntl). Modified on 6/4/2020 (ntl). (Entered: 06/03/2020)
6/1/2020SO ORDERED, re 748 STIPULATION TO EXTEND TIME Technology Tutorials and Comments on Opposing Technology Tutorial to June 25, 2020 and July 9, 2020 respectively filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 6/1/20. (ntl) (Entered: 06/01/2020)
5/27/2020REDACTED VERSION of 747 Letter by VMware, Inc.. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 05/27/2020)
5/26/2020NOTICE OF SERVICE of 1) VMware, Inc.'s Objections and Responses to Cirba's First Set of Counterclaim Interrogatories (Nos. 1-9), and 2) VMware, Inc.'s Objections and Responses to Cirba's First Set of Counterclaim Requests for Production of Documents and Things (Nos. 1-164) filed by VMware, Inc..(Vrana, Robert) (Entered: 05/26/2020)
5/22/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's May 20, 2020 Letter (D.I. 747 ) regarding request for supplemental briefing. (Dorsney, Kenneth) Modified on 5/26/2020 (ntl). Modified on 5/26/2020 (ntl). (Entered: 05/22/2020)
5/21/2020 STIPULATION TO EXTEND TIME Technology Tutorials and Comments on Opposing Technology Tutorial to June 25, 2020 and July 9, 2020 respectively - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/21/2020)
5/20/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Cirba's Request to Supplement Post-Trial Briefing - re 745 Letter. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 05/20/2020)
5/19/2020NOTICE OF SERVICE of VMware's Opening Claim Construction Brief and supporting Declaration of Dr. Daniel Menasce filed by VMware, Inc..(Vrana, Robert) (Entered: 05/19/2020)
5/18/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Request for supplemental briefing on VMwares JMOL motion - re 602 Opening Brief in Support,. (Dorsney, Kenneth) (Entered: 05/18/2020)
5/15/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 5/15/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 05/15/2020)
5/11/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza on behalf of all parties regarding a hearing on VMware's Motion to Strike - re 731 MOTION to Strike 709 Notice (Other), 691 Notice (Other), 708 Notice (Other), 692 Notice (Other) [DEFENDANT VMWARE'S MOTION TO STRIKE NOTICES OF LODGING AND CORRECTED NOTICES OF LODGING]. (Gaza, Anne) (Entered: 05/11/2020)
5/11/2020REDACTED VERSION of 735 Reply Brief by VMware, Inc.. (Gaza, Anne) (Entered: 05/11/2020)
5/11/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Reply in Support of Defendant VMware's Post-Trial Motion to Strike Cirba's Notices and Corrected Notices of Lodging - re 731 MOTION to Strike 709 Notice (Other), 691 Notice (Other), 708 Notice (Other), 692 Notice (Other) [DEFENDANT VMWARE'S MOTION TO STRIKE NOTICES OF LODGING AND CORRECTED NOTICES OF LODGING]. (Gaza, Anne) (Entered: 05/11/2020)
5/11/2020Pro Hac Vice Attorney Paul D. Clement for Cirba IP, Inc. and Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 05/11/2020)
5/11/2020Pro Hac Vice Attorney Julie M.K. Siegal for Cirba IP, Inc. and Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 05/11/2020)
5/11/2020SO ORDERED, re 740 MOTION for Pro Hac Vice Appearance of Attorney Paul D. Clement and Attorney Julie M.K. Siegal filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 5/11/20. (ntl) (Entered: 05/11/2020)
5/8/2020REDACTED VERSION of 733 Exhibit to a Document, - Exhibits A-D to Letter regarding VMware's Post-Trial Motion to Strike by VMware, Inc.. (Attachments: # 1 Exhibit B, Part 1, # 2 Exhibit B, Part 2, # 3 Exhibit C, # 4 Exhibit D, Part 1, # 5 Exhibit D, Part 2 and Certificate of Service)(Gaza, Anne) (Entered: 05/08/2020)
5/8/2020MOTION for Pro Hac Vice Appearance of Attorney Paul D. Clement and Attorney Julie M.K. Siegal - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/08/2020)
5/8/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's Motion to Strike Densify's notices of lodging of trial demonstratives - re 731 MOTION to Strike 709 Notice (Other), 691 Notice (Other), 708 Notice (Other), 692 Notice (Other) [DEFENDANT VMWARE'S MOTION TO STRIKE NOTICES OF LODGING AND CORRECTED NOTICES OF LODGING]. (Dorsney, Kenneth) (Entered: 05/08/2020)
5/8/2020738ORAL ORDER: IT IS HEREBY ORDERED that the Telephone Conference scheduled for May 15, 2020 will begin at 12:30 PM. ORDERED by Judge Leonard P. Stark on 5/8/20. (ntl) (Entered: 05/08/2020)
5/5/2020Pro Hac Vice Attorney Adam Adler for Cirba IP, Inc. and Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 05/05/2020)
5/4/2020CLAIM Construction Chart by VMware, Inc.. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-G, # 3 Exhibit H-L)(Gaza, Anne) (Entered: 05/04/2020)
5/4/2020 ANSWERING BRIEF in Opposition re 703 MOTION for Leave to File a Sur-Reply Brief (and Motion to Exclude) re VMware's Reply Post-Trial Brief filed by VMware, Inc..Reply Brief due date per Local Rules is 5/11/2020. (Gaza, Anne) (Entered: 05/04/2020)
5/4/2020[SEALED] REPLY BRIEF re 704 MOTION for Leave to File a Sur-reply in Opposition to Cirba's Motion for Post-Trial Relief (D.I. 604) filed by VMware, Inc.. (Gaza, Anne) (Entered: 05/04/2020)
5/4/2020SO ORDERED, re 730 Joint Stipulation to Amend Scheduling Order filed by VMware, Inc. -- Joint Claim Construction Brief due by 7/9/2020. Signed by Judge Leonard P. Stark on 5/4/20. (ntl) (Entered: 05/04/2020)
5/4/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Densify's hyperlinked post-trial briefs and cited trial exhibits - re 728 Order,. (Dorsney, Kenneth) (Entered: 05/04/2020)
5/1/2020[SEALED] EXHIBIT re 732 Letter, [EXHIBITS A-D TO LETTER TO THE HONORABLE LEONARD P. STARK FROM ANNE SHEA GAZA RE: DEFENDANT VMWARE'S POST-TRIAL MOTION TO STRIKE CIRBA'S NOTICES AND CORRECTED NOTICES OF LODGING] by VMware, Inc.. (Gaza, Anne) (Entered: 05/01/2020)
5/1/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding [DEFENDANT VMWARE'S LETTER BRIEF RE: POST-TRIAL MOTION TO STRIKE CIRBA'S NOTICES AND CORRECTED NOTICES OF LODGING] - re 731 MOTION to Strike 709 Notice (Other), 691 Notice (Other), 708 Notice (Other), 692 Notice (Other) [DEFENDANT VMWARE'S MOTION TO STRIKE NOTICES OF LODGING AND CORRECTED NOTICES OF LODGING]. (Gaza, Anne) (Entered: 05/01/2020)
5/1/2020 MOTION to Strike 709 Notice (Other), 691 Notice (Other), 708 Notice (Other), 692 Notice (Other) [DEFENDANT VMWARE'S MOTION TO STRIKE NOTICES OF LODGING AND CORRECTED NOTICES OF LODGING] - filed by VMware, Inc.. (Gaza, Anne) (Entered: 05/01/2020)
4/30/2020SO ORDERED, re 729 MOTION for Pro Hac Vice Appearance of Attorney Adam Adler filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 4/30/20. (ntl) (Entered: 04/30/2020)
4/29/2020Joint STIPULATION to Amend Scheduling Order re 578 Scheduling Order,,, 694 Stipulation by VMware, Inc.. (Vrana, Robert) (Entered: 04/29/2020)
4/29/2020MOTION for Pro Hac Vice Appearance of Attorney Adam Adler - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/29/2020)
4/29/2020728ORAL ORDER: In light of the Court's measures in response to COVID-19, IT IS HEREBY ORDERED that Densify shall submit to the Court by no later than Friday, May 1, either hyperlinked briefs or, if submitting hyperlinked briefs is not feasible, electronic versions of the trial exhibits cited in Densify's briefs. ORDERED by Judge Leonard P. Stark on 4/29/20. (ntl) (Entered: 04/29/2020)
4/28/2020REDACTED VERSION of 708 Notice (Other) of Lodging of Bergman Demonstratives (CORRECTED) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/28/2020)
4/28/2020REDACTED VERSION of 709 Notice (Other) of Lodging of Madisetti Demonstratives (CORRECTED) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/28/2020)
4/27/2020NOTICE OF SERVICE of Densify's Supplemental Initial Invalidity Contentions filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 04/27/2020)
4/27/2020REDACTED VERSION of 704 MOTION for Leave to File a Sur-reply in Opposition to Cirba's Motion for Post-Trial Relief (D.I. 604) by VMware, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Gaza, Anne) (Entered: 04/27/2020)
4/24/2020REDACTED VERSION of 715 Reply Brief [CORRECTED] by VMware, Inc.. (Gaza, Anne) (Entered: 04/24/2020)
4/24/2020REDACTED VERSION of 714 Answering Brief in Opposition [CORRECTED] by VMware, Inc.. (Attachments: # 1 Exhibit A-C)(Gaza, Anne) (Entered: 04/24/2020)
4/24/2020REDACTED VERSION of 713 Letter [CORRECTED] by VMware, Inc.. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 04/24/2020)
4/24/2020REDACTED VERSION of 712 Opening Brief in Support, [CORRECTED] by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 04/24/2020)
4/24/2020NOTICE OF SERVICE of Densify's First Set of Counterclaim Interrogatories to VMware (Nos. 1-9) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 04/24/2020)
4/24/2020 ANSWERING BRIEF in Opposition re 704 MOTION for Leave to File a Sur-reply in Opposition to Cirba's Motion for Post-Trial Relief (D.I. 604) filed by Cirba IP, Inc., Cirba Inc..Reply Brief due date per Local Rules is 5/1/2020. (Dorsney, Kenneth) (Entered: 04/24/2020)
4/23/2020NOTICE OF SERVICE of Densify's First Set of Counterclaim Requests for Production to VMware (Nos. 1-164) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 04/23/2020)
4/22/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware, Inc.'s Hyperlinked Copies of Post-Trial Submissions and Corrected Post-Trial Filings. (Gaza, Anne) (Entered: 04/22/2020)
4/22/2020[SEALED] REPLY BRIEF re 601 MOTION for Judgment as a Matter of Law , for a New Trial and Remittitur, and to Dismiss Cirba Inc. for Lack of Standing [CORRECTED] filed by VMware, Inc.. (Gaza, Anne) (Entered: 04/22/2020)
4/22/2020[SEALED] ANSWERING BRIEF in Opposition re 604 MOTION Post-trial Relief [CORRECTED] filed by VMware, Inc..Reply Brief due date per Local Rules is 4/29/2020. (Attachments: # 1 Exhibit A-C)(Gaza, Anne) (Entered: 04/22/2020)
4/22/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza on behalf of VMware, Inc. regarding Plaintiffs' Post-Trial Declarations [CORRECTED]. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 04/22/2020)
4/22/2020[SEALED] OPENING BRIEF in Support re 601 MOTION for Judgment as a Matter of Law , for a New Trial and Remittitur, and to Dismiss Cirba Inc. for Lack of Standing [CORRECTED] filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 5/6/2020. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 04/22/2020)
4/22/2020NOTICE OF SERVICE of VMware's Preliminary Identification of Claim Terms and Proposed Constructions filed by VMware, Inc..(Vrana, Robert) (Entered: 04/22/2020)
4/22/2020NOTICE OF SERVICE of Densify's Preliminary Identification of Claim Terms for Construction, Proposed Constructions and Intrinsic Evidence filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 04/22/2020)
4/22/2020SO ORDERED, re 694 Stipulation to Amend Scheduling Order filed by Cirba Inc., Cirba IP, Inc. -- Joint Claim Construction Brief due by 7/7/2020. Signed by Judge Leonard P. Stark on 4/22/20. (ntl) (Entered: 04/22/2020)
4/21/2020[SEALED] NOTICE of Lodging of Madisetti Demonstratives (CORRECTED) by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) (Entered: 04/21/2020)
4/21/2020[SEALED] NOTICE of Lodging of Bergman Demonstratives (CORRECTED) by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) (Entered: 04/21/2020)
4/21/2020REDACTED VERSION of 692 Notice (Other) of Lodging of Madisetti Demonstratives by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/21/2020)
4/21/2020REDACTED VERSION of 691 Notice (Other) of Lodging of Bergman Demonstratives by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/21/2020)
4/21/2020NOTICE OF SERVICE of Densify's response to VMware's First Set of Counterclaim Requests for Production (Nos. 1-130) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 04/21/2020)
4/20/2020[SEALED] MOTION for Leave to File a Sur-reply in Opposition to Cirba's Motion for Post-Trial Relief (D.I. 604) - filed by VMware, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Gaza, Anne) (Entered: 04/20/2020)
4/20/2020 MOTION for Leave to File a Sur-Reply Brief (and Motion to Exclude) re VMware's Reply Post-Trial Brief - filed by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit A (Sur-Reply), # 2 Exhibit B)(Dorsney, Kenneth) (Entered: 04/20/2020)
4/20/2020702ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument by teleconference on the post-trial motions and the motion to consolidate on May 15, 2020 beginning at 10:30 a.m. Each side will be allocated up to one (1) hour to present its argument. Any party wishing to refer to slides or other materials shall provide a copy to the Court no later than 4:00 p.m. the day before the hearing. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 4/20/20. (ntl) (Entered: 04/20/2020)
4/20/2020REDACTED VERSION of 686 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 04/20/2020)
4/20/2020REDACTED VERSION of 685 Reply Brief by VMware, Inc.. (Vrana, Robert) (Entered: 04/20/2020)
4/20/2020REDACTED VERSION of 682 Declaration of Jim Bergman by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/20/2020)
4/20/2020REDACTED VERSION of 681 Declaration of Ariel Green by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/20/2020)
4/20/2020REDACTED VERSION of 680 Declaration of Vijay Madisetti by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/20/2020)
4/20/2020REDACTED VERSION of 679 Reply Brief in support of Densify's Post-Trial Relief by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/20/2020)
4/17/2020NOTICE OF SERVICE of (1) Densify's Second Supplemental Production of Sales Figures related to the Accused Products; and (2) Densify's response to VMware's First Set of Counterclaim Interrogatories (Nos. 1-6) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 04/17/2020)
4/15/2020 STIPULATION to Amend the Scheduling Order by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/15/2020)
4/14/2020REQUEST for Oral Argument by VMware, Inc. re 639 MOTION to Consolidate Cases . (Vrana, Robert) (Entered: 04/14/2020)
4/14/2020[SEALED] NOTICE of Lodging of Madisetti Demonstratives by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) (Entered: 04/14/2020)
4/14/2020[SEALED] NOTICE of Lodging of Bergman Demonstratives by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) (Entered: 04/14/2020)
4/13/2020REDACTED VERSION of 671 Declaration of Richard S.J. Hung by VMware, Inc.. (Attachments: # 1 Exhibit 1-10)(Gaza, Anne) (Entered: 04/13/2020)
4/13/2020REDACTED VERSION of 670 Declaration of Rajesh Venkatasubramanian by VMware, Inc.. (Attachments: # 1 A-D)(Gaza, Anne) (Entered: 04/13/2020)
4/13/2020REDACTED VERSION of 669 Declaration of Paul K. Meyer by VMware, Inc.. (Attachments: # 1 Attachments 1 - 10)(Gaza, Anne) (Entered: 04/13/2020)
4/13/2020REDACTED VERSION of 668 Declaration of Dr. Jason Nieh by VMware, Inc.. (Gaza, Anne) (Entered: 04/13/2020)
4/13/2020[SEALED] DECLARATION re 685 Reply Brief - Declaration of Richard S.J. Hung - by VMware, Inc.. (Attachments: # 1 Exhibit 1)(Gaza, Anne) (Entered: 04/13/2020)
4/13/2020[SEALED] REPLY BRIEF re 601 MOTION for Judgment as a Matter of Law , for a New Trial and Remittitur, and to Dismiss Cirba Inc. for Lack of Standing filed by VMware, Inc.. (Gaza, Anne) (Entered: 04/13/2020)
4/13/2020REDACTED VERSION of 667 Declaration of Chandra Prathuri by VMware, Inc.. (Gaza, Anne) (Entered: 04/13/2020)
4/13/2020REDACTED VERSION of 666 Answering Brief in Opposition by VMware, Inc.. (Attachments: # 1 Exhibit A-C)(Gaza, Anne) (Entered: 04/13/2020)
4/13/2020[SEALED] DECLARATION re 679 Reply Brief -- executed by Jim Bergman by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/13/2020)
4/13/2020[SEALED] DECLARATION re 679 Reply Brief -- executed by Ariel Green by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/13/2020)
4/13/2020[SEALED] DECLARATION re 679 Reply Brief -- executed by Vijay Madisetti by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/13/2020)
4/13/2020[SEALED] REPLY BRIEF re 604 MOTION Post-trial Relief filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/13/2020)
4/13/2020REDACTED VERSION of 665 Declaration of R. Benjamin Nelson by VMware, Inc.. (Attachments: # 1 Exhibit 1 and 2)(Gaza, Anne) (Entered: 04/13/2020)
4/9/2020REDACTED VERSION of 674 Declaration of Ariel Green in support of Densify's Opposition to VMware's Post-Trial Motions by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/09/2020)
4/9/2020REDACTED VERSION of 672 Answering Brief in Opposition, to VMware's Post-Trial Motions by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/09/2020)
4/7/2020 REPLY BRIEF re 639 MOTION to Consolidate Cases filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/07/2020)
4/3/2020[SEALED] DECLARATION re 672 Answering Brief in Opposition, executed by Ariel Green by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/03/2020)
4/3/2020 APPENDIX re 672 Answering Brief in Opposition, by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 04/03/2020)
4/3/2020[SEALED] ANSWERING BRIEF in Opposition re 601 MOTION for Judgment as a Matter of Law , for a New Trial and Remittitur, and to Dismiss Cirba Inc. for Lack of Standing filed by Cirba IP, Inc., Cirba Inc..Reply Brief due date per Local Rules is 4/13/2020. (Dorsney, Kenneth) (Entered: 04/03/2020)
4/3/2020[SEALED] DECLARATION re 666 Answering Brief in Opposition - Declaration of Richard S.J. Hung - by VMware, Inc.. (Attachments: # 1 Exhibit 1-10)(Gaza, Anne) (Entered: 04/03/2020)
4/3/2020[SEALED] DECLARATION re 666 Answering Brief in Opposition - Declaration of Rajesh Venkatasubramanian - by VMware, Inc.. (Attachments: # 1 Exhibit A-D)(Gaza, Anne) (Entered: 04/03/2020)
4/3/2020[SEALED] DECLARATION re 666 Answering Brief in Opposition - Declaration of Paul K. Meyer Regarding Post-Verdict Damages - by VMware, Inc.. (Attachments: # 1 Attachments 1 - 10)(Gaza, Anne) (Entered: 04/03/2020)
4/3/2020[SEALED] DECLARATION re 666 Answering Brief in Opposition - Declaration of Dr. Jason Nieh - by VMware, Inc.. (Gaza, Anne) (Entered: 04/03/2020)
4/3/2020[SEALED] DECLARATION re 666 Answering Brief in Opposition - Declaration of Chandra Prathuri - by VMware, Inc.. (Gaza, Anne) (Entered: 04/03/2020)
4/3/2020[SEALED] ANSWERING BRIEF in Opposition re 604 MOTION Post-trial Relief filed by VMware, Inc..Reply Brief due date per Local Rules is 4/13/2020. (Attachments: # 1 Exhibit A-C)(Gaza, Anne) (Entered: 04/03/2020)
4/3/2020[SEALED] DECLARATION re 664 Answering Brief in Opposition - Declaration of R. Benjamin Nelson - by VMware, Inc.. (Attachments: # 1 Exhibit 1 and 2)(Gaza, Anne) (Entered: 04/03/2020)
4/3/2020 ANSWERING BRIEF in Opposition re 639 MOTION to Consolidate Cases filed by VMware, Inc..Reply Brief due date per Local Rules is 4/13/2020. (Attachments: # 1 Exhibit A-C, # 2 Text of Proposed Order)(Gaza, Anne) (Entered: 04/03/2020)
3/31/2020Redaction of 595 Transcript. Official Transcript of Jury Trial - Volume H held on January 23, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) (Entered: 03/31/2020)
3/31/2020Redaction of 593 Transcript. Official Transcript of Jury Trial - Volume F held on January 21, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) (Entered: 03/31/2020)
3/31/2020Redaction of 592 Transcript. Official Transcript of Jury Trial - Volume E held on January 17, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) (Entered: 03/31/2020)
3/31/2020Redaction of 591 Transcript. Official Transcript of Jury Trial - Volume D held on January 16, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) (Entered: 03/31/2020)
3/31/2020Redaction of 590 Transcript. Official Transcript of Jury Trial - Volume C held on January 15, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) (Entered: 03/31/2020)
3/31/2020Redaction of 589 Transcript. Official Transcript of Jury Trial - Volume B held on January 14, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) (Entered: 03/31/2020)
3/31/2020Redaction of 587 Transcript. Official Transcript of Jury Trial - Volume A held on January 13, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) (Entered: 03/31/2020)
3/30/2020656[SEALED] MULTI MEDIA DOCUMENT filed by Cirba IP, Inc., Cirba Inc. in the form of a DVD. Filing related to 649 Notice of Filing Multi Media Materials (Media on file in Clerk's Office). (ntl) (Entered: 03/30/2020)
3/30/2020REDACTED VERSION of 648 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's March 20, 2020 Letter by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/30/2020)
3/30/2020REDACTED VERSION of 644 Declaration, of Jennifer Estremera by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/30/2020)
3/27/2020NOTICE OF SERVICE of (1) Densify's Amended Rule 26(a) Initial Disclosures; and (2) Densify's Amended Paragraph 3 Disclosures filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 03/27/2020)
3/27/2020REDACTED VERSION of 638 Letter, by VMware, Inc.. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 03/27/2020)
3/27/2020651ORAL ORDER: Having reviewed the parties' recent submissions relating to a modification to the post-trial briefing schedule (D.I. 638, 642, 646, 648), IT IS HEREBY ORDERED that VMware's request to modify the schedule is GRANTED IN PART and DENIED IN PART. Although the Court recognizes that further discovery may be necessary after briefing has concluded and/or following argument on the motions, the Court disagrees that such discovery should occur before briefing can proceed. However, considering challenges and concerns relating to COVID-19, a slight modification to the schedule is appropriate. IT IS FURTHER ORDERED that both sides' post-trial opposition briefs are now due next Friday, April 3, 2020. ORDERED by Judge Leonard P. Stark on 3/27/20. (ntl) (Entered: 03/27/2020)
3/26/2020REDACTED VERSION of 642 Notice (Other) of Subsequent Development by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/26/2020)
3/26/2020NOTICE of filing the following Non-Paper material(s) in multi media format: with regard to Densify's March 26, 2020 Letter. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kenneth Laurence Dorsney on behalf of Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) (Entered: 03/26/2020)
3/26/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's March 20, 2020 Letter. (Dorsney, Kenneth) (Entered: 03/26/2020)
3/26/2020647ORAL ORDER: Having reviewed Densify's Motion to Redact (D.I. 643) and VMware's Response (D.I. 645), IT IS HEREBY ORDERED that the motion (D.I. 643) is GRANTED. The Court is persuaded that Densify has shown good cause for its proposed redactions, and that those limited redactions - regarding which VMware takes no position - involve confidential sensitive business information of the type that should be protected from public disclosure. The redacted version of the transcripts attached as Exhibit B to the motion shall be filed as the public version at the date for release of the electronic transcripts per the Courts policies. ORDERED by Judge Leonard P. Stark on 3/26/20. (ntl) (Entered: 03/26/2020)
3/25/2020 STATEMENT re 642 Notice (Other) - Response to Cirba's Notice of Subsequent Development - by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 03/25/2020)
3/24/2020 RESPONSE to Motion re 643 MOTION to Redact 587 Transcript,, 591 Transcript,, 590 Transcript,, 589 Transcript,, 595 Transcript,, 592 Transcript,, 593 Transcript,, filed by VMware, Inc.. (Gaza, Anne) (Entered: 03/24/2020)
3/23/2020[SEALED] DECLARATION re 643 MOTION to Redact 587 Transcript,, 591 Transcript,, 590 Transcript,, 589 Transcript,, 595 Transcript,, 592 Transcript,, 593 Transcript,, executed by Jennifer Estremera by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/23/2020)
3/23/2020 MOTION to Redact 587 Transcript,, 591 Transcript,, 590 Transcript,, 589 Transcript,, 595 Transcript,, 592 Transcript,, 593 Transcript,, - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/23/2020)
3/23/2020CORRECTING ENTRY: Corrected letter added to D.I. 638 per request of counsel. (ntl) (Entered: 03/23/2020)
3/21/2020[SEALED] NOTICE of Subsequent Development related to Densify's Motion for Permanent Injunction by Cirba IP, Inc., Cirba Inc. re 605 Opening Brief in Support, 604 MOTION Post-trial Relief (Dorsney, Kenneth) (Entered: 03/21/2020)
3/20/2020NOTICE OF SERVICE of VMware, Inc.'s First Set of Counterclaim Requests for Production to Counter-Defendant Cirba Inc. (Nos. 1-130) filed by VMware, Inc..(Vrana, Robert) (Entered: 03/20/2020)
3/20/2020 OPENING BRIEF in Support re 639 MOTION to Consolidate Cases filed by Cirba IP, Inc., Cirba Inc..Answering Brief/Response due date per Local Rules is 4/3/2020. (Dorsney, Kenneth) (Entered: 03/20/2020)
3/20/2020 MOTION to Consolidate Cases - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/20/2020)
3/20/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza on behalf of VMware, Inc. regarding Plaintiffs' Post-Trial Declarations. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Main Document 638 replaced on 3/23/2020) (ntl). (Entered: 03/20/2020)
3/20/2020NOTICE OF SERVICE of Densify's Initial Invalidity Contentions filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 03/20/2020)
3/18/2020NOTICE OF SERVICE of VMware, Inc.'s First Set of Counterclaim Interrogatories to Counter-Defendant Cirba Inc. (Nos. 1-6) filed by VMware, Inc..(Gaza, Anne) (Entered: 03/18/2020)
3/17/2020NOTICE to Take Deposition of Jim Bergman on March 25, 2020 filed by VMware, Inc..(Vrana, Robert) (Entered: 03/17/2020)
3/17/2020NOTICE to Take Deposition of Riyaz Somani on March 24, 2020 filed by VMware, Inc..(Vrana, Robert) (Entered: 03/17/2020)
3/17/2020NOTICE to Take Deposition of Gerald Smith on March 24, 2020 filed by VMware, Inc..(Vrana, Robert) (Entered: 03/17/2020)
3/17/2020NOTICE to Take Deposition of Andrew Hillier on March 24, 2020 filed by VMware, Inc..(Vrana, Robert) (Entered: 03/17/2020)
3/16/2020REDACTED VERSION of 603 Declaration, by VMware, Inc.. (Attachments: # 1 Exhibit 1 and 2)(Gaza, Anne) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 602 Opening Brief in Support, by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 616 Declaration of Riyaz Somani by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 615 Declaration of Wesley White by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 614 Declaration of Jim Bergman (Vol VI) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 613 Declaration of Jim Bergman (Vol V) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 612 Declaration of Jim Bergman (Vol IV) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 611 Declaration of Jim Bergman (Vol III) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 610 Declaration of Jim Bergman (Vol II) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 609 Declaration of Jim Bergman (Vol I) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 608 Declaration, of Andrew Hillier (Vol II) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit 21 - part 1, # 2 Exhibit 21 - part 2, # 3 Exhibit 21 - part 3, # 4 Exhibit 21 - part 4, # 5 Exhibit 21 - part 5, # 6 Exhibits 22 - 23)(Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 607 Declaration of Andrew Hillier (Vol I) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibits 1 - 19, # 2 Exhibit 20)(Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 606 Declaration of Gerald Smith by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 605 Opening Brief in Support of Post-Trial Relief by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/16/2020REDACTED VERSION of 604 MOTION Post-trial Relief by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/16/2020)
3/10/2020CORRECTING ENTRY: Corrected documents added to D.I. 606 & 609 per request of counsel. (ntl) (Entered: 03/10/2020)
3/9/2020[SEALED] DECLARATION re 605 Opening Brief in Support (Declaration of RIYAZ SOMANI) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Wesley White by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibits 1 - 8, # 2 Exhibits 9 - 27, # 3 Exhibits 28 - 45, # 4 Exhibits 46 - 64)(Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Jim Bergman (Vol VI) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibits E - F)(Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Jim Bergman (Vol V) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit D - Part 2)(Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Jim Bergman (Vol IV) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit D - Part 1)(Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Jim Bergman (Vol III) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit C - Part 2)(Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Jim Bergman (Vol II) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit C - Part 1)(Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Jim Bergman - Vol I by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exh A and B)(Dorsney, Kenneth) (Main Document 609 replaced on 3/10/2020) (ntl). (Attachment 1 replaced on 3/10/2020) (ntl). (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Andrew Hillier - Vol II by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exh 21 - Part 1, # 2 Exh 21 - Part 2, # 3 Exh 21 - Part 3, # 4 Exh 21 - Part 4, # 5 Exh 21 - Part 5, # 6 Exhibits 22 - 23)(Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Andrew Hillier - Vol I by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibits 1 - 19, # 2 Exhibit 20)(Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION of Gerald William Smith by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Main Document 606 replaced on 3/10/2020) (ntl). (Entered: 03/09/2020)
3/9/2020[SEALED] OPENING BRIEF in Support re 604 MOTION Post-trial Relief filed by Cirba IP, Inc., Cirba Inc..Answering Brief/Response due date per Local Rules is 3/23/2020. (Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] MOTION Post-trial Relief - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 03/09/2020)
3/9/2020[SEALED] DECLARATION re 602 Opening Brief in Support, 601 MOTION for Judgment as a Matter of Law , for a New Trial and Remittitur, and to Dismiss Cirba Inc. for Lack of Standing - Declaration of Richard S.J. Hung - by VMware, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaza, Anne) (Entered: 03/09/2020)
3/9/2020[SEALED] OPENING BRIEF in Support re 601 MOTION for Judgment as a Matter of Law , for a New Trial and Remittitur, and to Dismiss Cirba Inc. for Lack of Standing filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 3/23/2020. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 03/09/2020)
3/9/2020 MOTION for Judgment as a Matter of Law , for a New Trial and Remittitur, and to Dismiss Cirba Inc. for Lack of Standing - filed by VMware, Inc.. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 03/09/2020)
3/6/2020NOTICE of Intent to Request Redaction by Kenneth Laurence Dorsney re 587 Transcript,, 591 Transcript,, 590 Transcript,, 589 Transcript,, 595 Transcript,, 592 Transcript,, 593 Transcript,, (Dorsney, Kenneth) (Entered: 03/06/2020)
3/3/2020599ORAL ORDER: Having reviewed VMware's letter requesting relief in advance of post-trial briefing (D.I. 584), IT IS HEREBY ORDERED that VMware's request is DENIED. Without taking any view on the merits of any potential dispute that VMware may be contemplating raising in post-trial motions, the Court is not persuaded that it should require Densify to do anything until its previously-scheduled due date for filing a brief in response to whatever motion VMware files. ORDERED by Judge Leonard P. Stark on 3/3/20. (ntl) (Entered: 03/03/2020)
3/3/2020REDACTED VERSION of 584 Letter, by VMware, Inc.. (Vrana, Robert) (Entered: 03/03/2020)
3/1/2020Official Transcript of Jury Trial - Volume I held on January 24, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/23/2020. Redacted Transcript Deadline set for 4/1/2020. Release of Transcript Restriction set for 6/1/2020.(bpg) (Entered: 03/01/2020)
3/1/2020[SEALED] Transcript of Jury Trial - Volume H held on January 23, 2020 before Chief Judge Leonard P. Stark. (bpg) (Entered: 03/01/2020)
3/1/2020[SEALED] Official Transcript of Jury Trial - Volume H held on January 23, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) Modified on 3/26/2020 (ntl). (Entered: 03/01/2020)
3/1/2020Official Transcript of Jury Trial - Volume G held on January 22, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/23/2020. Redacted Transcript Deadline set for 4/1/2020. Release of Transcript Restriction set for 6/1/2020.(bpg) (Entered: 03/01/2020)
3/1/2020[SEALED] Official Transcript of Jury Trial - Volume F held on January 21, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg Modified on 3/26/2020 (ntl). (Entered: 03/01/2020)
3/1/2020[SEALED] Official Transcript of Jury Trial - Volume E held on January 17, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) Modified on 3/26/2020 (ntl). (Entered: 03/01/2020)
3/1/2020[SEALED] Official Transcript of Jury Trial - Volume D held on January 16, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) Modified on 3/26/2020 (ntl). (Entered: 03/01/2020)
3/1/2020[SEALED] Official Transcript of Jury Trial - Volume C held on January 15, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) Modified on 3/26/2020 (ntl). (Entered: 03/01/2020)
3/1/2020[SEALED] Official Transcript of Jury Trial - Volume B held on January 14, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) Modified on 3/26/2020 (ntl). (Entered: 03/01/2020)
3/1/2020[SEALED] Transcript of Jury Trial - Volume A held on January 13, 2020 before Chief Judge Leonard P. Stark. (bpg) (Entered: 03/01/2020)
3/1/2020[SEALED] Official Transcript of Jury Trial - Volume A held on January 13, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. (bpg) Modified on 3/26/2020 (ntl). (Entered: 03/01/2020)
3/1/2020Official Transcript of Pretrial Conference held on January 7, 2020 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/23/2020. Redacted Transcript Deadline set for 4/1/2020. Release of Transcript Restriction set for 6/1/2020. (bpg) (Entered: 03/01/2020)
2/28/2020Redaction of 138 Transcript. Preliminary Injunction Hearing before Chief Judge Leonard P. Stark on August 6, 2019. Court Reporter Brian Gaffigan. Brian_Gaffigan@ded.uscourts.gov.(bpg) (Entered: 02/28/2020)
2/25/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Request for Relief in Advance of Post-Trial Briefing. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Gaza, Anne) (Entered: 02/25/2020)
2/20/2020NOTICE OF SERVICE of 1) Counter-Plaintiff VMware's Rule 26(a)(1) Initial Disclosures and 2) Counter-Plaintiff VMware, Inc.'s Disclosures Under Section 3 of the Default Standard for Discovery filed by VMware, Inc..(Vrana, Robert) (Entered: 02/20/2020)
2/20/2020NOTICE OF SERVICE of (1) Densify's Rule 26(a)(1) Initial Disclosures; (2) Densify's Paragraph 3 Disclosures; and (3) Densify's Notice of Supplemental Production of Core Technical Documents and Sales Figures related to the Accused Products filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 02/20/2020)
2/20/2020NOTICE of Change of Address by Kenneth Laurence Dorsney (Dorsney, Kenneth) (Entered: 02/20/2020)
2/19/2020Pro Hac Vice Attorney William F. Lee for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 02/19/2020)
2/19/2020Pro Hac Vice Attorney Seth P. Waxman for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 02/19/2020)
2/14/2020Pro Hac Vice Attorney Thomas G. Saunders for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 02/14/2020)
2/14/2020580ORAL ORDER Setting Mediation Conference: A Telephone Conference is set for 2/24/2020 at 11:15 AM before Judge Christopher J. Burke to discuss ADR. Counsel for Plaintiffs shall initiate the call. Ordered by Judge Christopher J. Burke on 2/14/2020. (dlb) (Entered: 02/14/2020)
2/13/2020SO ORDERED, re 579 MOTION for Pro Hac Vice Appearance of Attorney William F. Lee, Seth P. Waxman, and Thomas G. Saunders filed by VMware, Inc. Signed by Judge Leonard P. Stark on 2/13/20. (ntl) (Entered: 02/13/2020)
2/12/2020MOTION for Pro Hac Vice Appearance of Attorney William F. Lee, Seth P. Waxman, and Thomas G. Saunders - filed by VMware, Inc.. (Vrana, Robert) (Entered: 02/12/2020)
2/10/2020SCHEDULING ORDER RE COUNTERCLAIMS: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 12/18/2020. Status Report due by 7/10/2020. Dispositive Motions due by 4/20/2021. An Oral Argument is set for 6/7/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Joint Claim Construction Brief due by 6/30/2020. A Markman Hearing is set for 7/31/2020 at 04:00 PM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 8/20/2021. A Final Pretrial Conference is set for 8/27/2021 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A 10-day Jury Trial is set for 9/13/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 2/10/20. (ntl) (Entered: 02/10/2020)
2/10/2020JUDGMENT in favor of Cirba IP, Inc., Cirba Inc. d/b/a Densify against VMware, Inc. in the amount of $236,836,876 (See Judgment for further details). Signed by Judge Leonard P. Stark on 2/10/20. (ntl) (Entered: 02/10/2020)
2/10/2020SO ORDERED, re 572 Stipulation and Order of Dismissal with prejudice. Signed by Judge Leonard P. Stark on 2/10/20. (ntl) (Entered: 02/10/2020)
2/10/2020 Letter to Counsel from Judge Stark regarding post-trial motions and other post-trial issues. (ntl) (Entered: 02/10/2020)
2/10/2020574ORAL ORDER: Having reviewed the parties' filings related to Densify's Motion to Redact (D.I. 161, 181, 192), IT IS HEREBY ORDERED that the motion is GRANTED. The Court recognizes that the majority of Densify's proposed redactions are unopposed by VMware. As to the opposed redactions, the Court finds that Densify has shown with requisite specificity good cause to redact the limited portions of the transcript it proposes to redact. IT IS FURTHER ORDERED that the following schedule shall apply to any post-trial briefing, including VMware's anticipated standing motion: (i) any post-trial motions and the accompanying opening brief(s) shall be filed no later than March 9, 2020; (ii) any answering brief shall be filed no later than March 30, 2020; and (iii) any post-trial reply brief shall be filed no later than April 13, 2020. With respect to all such briefing, each side shall be limited to 25 pages of any opening briefs, 25 pages of any answering briefs, and 12 pages of any reply briefs (that is, the parties will submit a total of no more than 124 pages of briefing). ORDERED by Judge Leonard P. Stark on 2/10/20. (ntl) (Entered: 02/10/2020)
2/6/2020REDACTED VERSION of 555 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding trial testimony of Dr. Madisetti by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 02/06/2020)
2/5/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Proposed Stipulation and Order. (Attachments: # 1 [Proposed] Stipulation and Order)(Gaza, Anne) (Entered: 02/05/2020)
1/31/2020 PROPOSED ORDER - Proposed Scheduling Order for Counter-Plaintiff VMware, Inc.'s Patent Infringement Counterclaims - by VMware, Inc.. (Attachments: # 1 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Proposed Scheduling Order)(Gaza, Anne) (Entered: 01/31/2020)
1/31/2020 STATUS REPORT by VMware, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gaza, Anne) (Entered: 01/31/2020)
1/31/2020 PROPOSED ORDER Densify's Proposed Judgment Following Jury Verdict by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/31/2020)
1/31/2020 STATUS REPORT by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/31/2020)
1/31/2020Pro Hac Vice Attorney Richard S.J. Hung for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d), Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam) (Entered: 01/31/2020)
1/31/2020Pro Hac Vice Attorney Yue Li for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d), Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam) (Entered: 01/31/2020)
1/30/2020REDACTED VERSION of 541 Exhibit to a Document - Exhibit B to Notice of Lodging [Demonstratives - Dr. Jason Nieh] - by VMware, Inc.. (Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 539 Notice (Other) - Notice of Lodging [Deposition Designations - Gerald Smith] - by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 538 Notice (Other) - Notice of Lodging [Deposition Designations - Riyaz Somani] - by VMware, Inc.. (Attachments: # 1 Exhibit A-C)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 537 Notice (Other) - Notice of Lodging [Deposition Designations - Scott Browne] - by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 536 Notice (Other) - Notice of Lodging [Deposition Designations - Andrew Hillier] - by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 518 Notice (Other) - Notice of Lodging [Deposition Designations - Ajay Singh] - by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 517 Notice (Other) - Notice of Lodging [Deposition Designations - Rangarajan Raghuram] - by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 516 Notice (Other) - Notice of Lodging [Deposition Designations - Vijay K. Madisetti, Ph.D.] - by VMware, Inc.. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 515 Notice (Other) - Notice of Lodging [Deposition Designations - Greg Lavender] - by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 514 Notice (Other) - Notice of Lodging [Deposition Designations - Andrew Hillier] - by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 513 Notice (Other) Notice of Lodging [Deposition Designations - Pat Gelsinger] by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020REDACTED VERSION of 512 Notice (Other) - Notice of Lodging [Deposition Designations - Jim W. Bergman] by VMware, Inc.. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/30/2020)
1/30/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Trial Testimony of Dr. Vijay Madisetti - re 496 Letter. (Dorsney, Kenneth) (Entered: 01/30/2020)
1/29/2020 NOTICE of Lodging of VMware's demonstratives presented during its closing statement by VMware, Inc. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2, # 3 Exhibit B)(Gaza, Anne) (Entered: 01/29/2020)
1/28/2020[SEALED] Jury Notes. (ntl) (Entered: 01/28/2020)
1/28/2020ORDER directing that jurors be provided lunch (cc: Finance). Signed by Judge Leonard P. Stark on 1/28/20. (ntl) (Entered: 01/28/2020)
1/27/2020REDACTED VERSION of 505 Letter by VMware, Inc.. (Attachments: # 1 Exhibit 1-3)(Wilson, Samantha) (Entered: 01/27/2020)
1/24/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial completed on 1/24/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/27/2020)
1/24/2020REDACTED VERSION of 549 Jury Verdict. (ntl) (Entered: 01/24/2020)
1/24/2020[SEALED] JURY VERDICT. (ntl) (Entered: 01/24/2020)
1/24/2020NOTICE requesting Clerk to remove Elizabeth Ann Patterson as co-counsel.. (Wilson, Samantha) (Entered: 01/24/2020)
1/24/2020547MULTI MEDIA DOCUMENT filed by VMware, Inc. in the form of a DVD. Filing related to 524 Notice of Filing Multi Media Materials, 523 Notice of Lodging. (Media on file in Clerk's Office). (ntl) (Entered: 01/24/2020)
1/23/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/23/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/23/2020)
1/23/2020546MULTI MEDIA DOCUMENT filed by VMware, Inc. in the form of a DVD. Filing related to 507 Declaration, 508 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (ntl) (Entered: 01/23/2020)
1/23/2020CORRECTED FINAL VERDICT SHEET. (etg) (Entered: 01/23/2020)
1/23/2020FINAL VERDICT SHEET. (etg) (Entered: 01/23/2020)
1/23/2020 NOTICE of Lodging [Demonstrative - Chandra Prathuri] by VMware, Inc. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/23/2020)
1/23/2020 NOTICE of Lodging [Demonstrative - Dr. Carl Waldspurger] by VMware, Inc. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/23/2020)
1/23/2020[SEALED] EXHIBIT re 540 Notice (Other) - Exhibit B to Notice of Lodging [Demonstratives - Dr. Jason Nieh] by VMware, Inc.. (Gaza, Anne) (Entered: 01/23/2020)
1/23/2020 NOTICE of Lodging [Demonstratives - Dr. Jason Nieh] by VMware, Inc. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/23/2020)
1/23/2020[SEALED] NOTICE of Lodging [Deposition Designations - Gerald Smith] by VMware, Inc. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/23/2020)
1/22/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/22/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/23/2020)
1/22/2020[SEALED] NOTICE of Lodging [Deposition Designations - Riyaz Somani] by VMware, Inc. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/22/2020)
1/22/2020[SEALED] NOTICE of Lodging [Deposition Designations - Scott Browne] by VMware, Inc. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/22/2020)
1/22/2020[SEALED] NOTICE of Lodging [Deposition Designations - Andrew Hillier] by VMware, Inc. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/22/2020)
1/22/2020REDACTED VERSION of 496 Letter by VMware, Inc.. (Attachments: # 1 Attachments A and B, # 2 Exhibit 1)(Gaza, Anne) (Entered: 01/22/2020)
1/22/2020REDACTED VERSION of 487 Letter by VMware, Inc.. (Attachments: # 1 Exhibit 1-5)(Gaza, Anne) (Entered: 01/22/2020)
1/22/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Verdict Form - re 532 Verdict Sheet. (Dorsney, Kenneth) (Entered: 01/22/2020)
1/22/2020VERDICT SHEET by Cirba IP, Inc., Cirba Inc. Amended. (Dorsney, Kenneth) (Entered: 01/22/2020)
1/22/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Verdict Form. (Attachments: # 1 PTX-3655, # 2 Slides)(Gaza, Anne) (Entered: 01/22/2020)
1/22/2020VERDICT SHEET by VMware, Inc. - VMware's January 22, 2020 Amended Verdict Form -. (Gaza, Anne) (Entered: 01/22/2020)
1/22/2020REDACTED VERSION of 495 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding deposition designations by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/22/2020)
1/22/2020REDACTED VERSION of 489 Exhibit to a Document (Exhibit C) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/22/2020)
1/22/2020REDACTED VERSION of 488 Letter to The Honorable Leonard P. Stark regarding unresolved objections and responses to witness testimony by deposition by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/22/2020)
1/22/2020Final Jury Instructions. (ntl) (Entered: 01/22/2020)
1/22/2020Proposed Final Jury Instructions (1/21/20 version). (ntl) (Entered: 01/22/2020)
1/21/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/21/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/22/2020)
1/21/2020NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibit A-1 to Notice of Lodging (D.I. 523). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Anne Shea Gaza on behalf of VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020 NOTICE of Lodging of VMware's demonstrative slides presented during its opening statement by VMware, Inc. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 01/21/2020)
1/21/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Final Jury Instructions. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020 Letter to Chief Judge Stark from Kenneth Dorsney regarding Jury Instructions. (Dorsney, Kenneth) (Entered: 01/21/2020)
1/21/2020Proposed Jury Instructions by Cirba IP, Inc., Cirba Inc. - Revised Amended Joint Proposed Final Jury Instructions. (Dorsney, Kenneth) (Entered: 01/21/2020)
1/21/2020VERDICT SHEET by VMware, Inc. [AMENDED PROPOSED]. (Wilson, Samantha) (Entered: 01/21/2020)
1/21/2020CORRECTING ENTRY: Corrected reply brief added to D.I. 506 per request of counsel. (ntl) (Entered: 01/21/2020)
1/21/2020[SEALED] NOTICE of Lodging [Deposition Designations - Ajay Singh] by VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020[SEALED] NOTICE of Lodging [Deposition Designations - Rangarajan Raghuram] by VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020[SEALED] NOTICE of Lodging [Deposition Designations - Vijay K. Madisetti, Ph.D.] by VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020[SEALED] NOTICE of Lodging [Deposition Designations - Greg Lavender] by VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020[SEALED] NOTICE of Lodging [Deposition Designations - Andrew Hillier] by VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020[SEALED] NOTICE of Lodging [Deposition Designations - Pat Gelsinger] by VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020[SEALED] NOTICE of Lodging [Deposition Designations - Jim W. Bergman] by VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020 NOTICE of Lodging [Demonstrative - Dr. Vijay Madisetti] by VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/21/2020 NOTICE of Lodging [Demonstrative - Kit Colbert] by VMware, Inc. (Gaza, Anne) (Entered: 01/21/2020)
1/20/2020 Letter to The Honorable Leonard P. Stark and Cirba Counsel from Anne Shea Gaza regarding Narrowing of Invalidity Defenses at Trial. (Gaza, Anne) (Entered: 01/20/2020)
1/20/2020NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibit 13 to Declaration of Joyce Liou (D.I. 507). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Anne Shea Gaza on behalf of VMware, Inc. (Gaza, Anne) (Entered: 01/20/2020)
1/20/2020 DECLARATION re 506 Reply Brief - Declaration of Joyce Liou - by VMware, Inc.. (Attachments: # 1 Exhibit 1-14)(Gaza, Anne) (Entered: 01/20/2020)
1/20/2020 REPLY BRIEF in Support of VMware's Motion for Judgment as a Matter of Law on Trademark Claims filed by VMware, Inc.. (Gaza, Anne) (Main Document 506 replaced on 1/21/2020) (ntl). (Entered: 01/20/2020)
1/20/2020[SEALED] Letter to The Honorable Leonard P. Stark from Samantha G. Wilson regarding disputes pertaining to deposition designations to be played at trial on January 21, 2020. (Attachments: # 1 Exhibit 1-3)(Wilson, Samantha) (Entered: 01/20/2020)
1/19/2020 Letter to The Honorable Leonard P. Stark from Samantha G. Wilson regarding Deposition Designation Disputes. (Wilson, Samantha) (Entered: 01/19/2020)
1/19/2020 APPENDIX re 502 Answering Brief in Opposition to VMWARES ORAL MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS TRADEMARK CLAIMS by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/19/2020)
1/19/2020 ANSWERING BRIEF in Opposition to VMware's Oral Motion for JMOL on Densify's Trademark Claims filed by Cirba IP, Inc., Cirba Inc..Reply Brief due date per Local Rules is 1/27/2020. (Dorsney, Kenneth) (Entered: 01/19/2020)
1/18/2020Official Transcript of Discovery Conference held on December 17, 2019 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 2/10/2020. Redacted Transcript Deadline set for 2/18/2020. Release of Transcript Restriction set for 4/17/2020. (bpg) (Entered: 01/18/2020)
1/18/2020 Letter to Anne S. Gaza from Kenneth L. Dorsney regarding Response to Court Inquiry. (Dorsney, Kenneth) (Entered: 01/18/2020)
1/17/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/17/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/21/2020)
1/17/2020VERDICT SHEET by VMware, Inc. - VMware's Amended Verdict Form -. (Wilson, Samantha) (Entered: 01/17/2020)
1/17/2020Proposed Jury Instructions by Cirba IP, Inc., Cirba Inc. amended proposed joint final jury instructions. (Dorsney, Kenneth) (Entered: 01/17/2020)
1/17/2020VERDICT SHEET by Cirba IP, Inc., Cirba Inc. Cirba's amended proposed verdict sheet. (Dorsney, Kenneth) (Entered: 01/17/2020)
1/16/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/16/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/17/2020)
1/15/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/15/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/16/2020)
1/14/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/14/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/15/2020)
1/14/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Certain Proposed Opinions of Cirba's Technical Expert, Mr. Vijay Madisetti. (Gaza, Anne) (Entered: 01/14/2020)
1/13/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/13/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/14/2020)
1/13/2020[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Deposition Designations. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dorsney, Kenneth) (Entered: 01/13/2020)
1/13/2020REDACTED VERSION of 455 Declaration of Wesley White by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/13/2020)
1/13/2020REDACTED VERSION of 454 Statement - Densify's response to VMware's Opening Brief as to the Construction of "Virtualized Environment" and Summary Judgment by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/13/2020)
1/13/2020REDACTED VERSION of 452 Declaration of Wesley White by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/13/2020)
1/13/2020REDACTED VERSION of 451 Reply Brief in support of Densify's Motion to Exclude certain expert testimony of Paul Meyer and M.T. Pham by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/13/2020)
1/13/2020Preliminary Jury Instructions. (ntl) (Entered: 01/13/2020)
1/13/2020[SEALED] EXHIBIT re 488 Letter (Exhibit C) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/13/2020)
1/13/2020[SEALED] Letter to Chief Judge Stark from Densify regarding Unresolved Objections and Responses. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dorsney, Kenneth) (Entered: 01/13/2020)
1/13/2020[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware, Inc.'s Objections to Plaintiffs' Deposition Designations for Trial on January 14, 2020. (Attachments: # 1 Exhibit 1-5)(Gaza, Anne) (Entered: 01/13/2020)
1/11/2020Proposed Jury Instructions by VMware, Inc. - [Joint Proposed] Amended Preliminary Jury Instructions. (Wilson, Samantha) (Entered: 01/11/2020)
1/10/2020REDACTED VERSION of 457 Declaration of Yue Li in Support of Reply Brief by VMware, Inc.. (Vrana, Robert) (Entered: 01/10/2020)
1/10/2020REDACTED VERSION of 456 Reply Brief, re 414 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF JIM BERGMAN], 415 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VIJAY MADISETTI], 416 MOTION [VMWARE, INC. 9;S MOTION TO EXCLUDE TESTIMONY OF VINCENT MAYFIELD] by VMware, Inc.. (Vrana, Robert) (Entered: 01/10/2020)
1/10/2020REDACTED VERSION of 453 Answering Brief in Opposition, to Plaintiffs' Opening Brief as to the Construction of Virtualized Environment and Summary Judgment by VMware, Inc.. (Vrana, Robert) (Entered: 01/10/2020)
1/10/2020REDACTED VERSION of 450 MOTION for Leave to File a Motion in Limine to Exclude New Infringement Theories Not Present in Vijay Madisetti's November 29 Infringement Expert Report and to Preclude New Infringement Theories at Trial by VMware, Inc.. (Vrana, Robert) (Entered: 01/10/2020)
1/10/2020Voir Dire Questions. (ntl) (Entered: 01/10/2020)
1/10/2020REDACTED VERSION of 440 Proposed Pretrial Order (Volume II) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/10/2020)
1/10/2020REDACTED VERSION of 439 Proposed Pretrial Order (Volume I) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/10/2020)
1/8/2020REDACTED VERSION of 436 Declaration, OF YUE LI IN SUPPORT OF DEFENDANT VMWARE'S OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE CERTAIN EXPERT TESTIMONY OF PAUL K. MEYER AND M.T. PHAM by VMware, Inc.. (Attachments: # 1 Exhibit 1 through 14)(Vrana, Robert) (Entered: 01/08/2020)
1/8/2020REDACTED VERSION of 435 Answering Brief in Opposition to Motion to Exclude Certain Expert Testimony of Paul K. Meyer & M.T. Pham by VMware, Inc.. (Vrana, Robert) (Entered: 01/08/2020)
1/8/2020476ORAL ORDER: For the reasons stated in Court at yesterday's hearing, IT IS HEREBY ORDERED that VMware's motion to exclude certain expert testimony of Dr. Madisetti (D.I. 415) is DENIED. IT IS FURTHER ORDERED that the term "virtualized environment" shall be given its plain and ordinary meaning. ORDERED by Judge Leonard P. Stark on 1/8/2020. (ntl) (Entered: 01/08/2020)
1/7/2020Minute Entry for proceedings held before Judge Leonard P. Stark - Pretrial Conference held on 1/7/2020. (Court Reporter B. Gaffigan.) (ntl) (Entered: 01/08/2020)
1/7/2020REDACTED VERSION of 438 Declaration DECLARATION OF CHRISTINE E. LEHMAN by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/07/2020)
1/7/2020REDACTED VERSION of 437 Reply Brief, REPLY BRIEF re 414 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF JIM BERGMAN], 415 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VIJAY MADISETTI], 416 MOTION [VMWARE, INC. 9;S MOTION TO EXCLUDE TESTIMONY OF VINCENT MAYFIELD] by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/07/2020)
1/7/2020REDACTED VERSION of 432 Declaration of Madisetti (Volume V) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/07/2020)
1/7/2020REDACTED VERSION of 431 Declaration, of Madisetti (Volume IV) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Part 1, # 2 Part 2, # 3 Part 3, # 4 Part 4, # 5 Part 5)(Dorsney, Kenneth) (Entered: 01/07/2020)
1/7/2020REDACTED VERSION of 430 Declaration, of Madisetti (Volume III) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Part 1, # 2 Part 2, # 3 Part 3)(Dorsney, Kenneth) (Entered: 01/07/2020)
1/7/2020REDACTED VERSION of 429 Declaration of Madisetti (Vol II) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/07/2020)
1/7/2020REDACTED VERSION of 428 Declaration, of Madisetti (Volume I) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/07/2020)
1/7/2020REDACTED VERSION of 425 Response to Order - Plaintiffs' Opening Brief as to the Construction of "Virtualized Envrionment" and Summary Judgment by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/07/2020)
1/7/2020MEMORANDUM ORDER re rulings on the Daubert motions. Signed by Judge Leonard P. Stark on 1/7/2020. (ntl) (Entered: 01/07/2020)
1/7/2020 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding argument for opposition to Jim Bergman Daubert Motion. (Dorsney, Kenneth) (Entered: 01/07/2020)
1/6/2020REDACTED VERSION of 427 Declaration, by VMware, Inc.. (Attachments: # 1 Exhibit 1-11)(Gaza, Anne) (Entered: 01/06/2020)
1/6/2020REDACTED VERSION of 426 Response to Order by VMware, Inc.. (Gaza, Anne) (Entered: 01/06/2020)
1/6/2020Proposed Voir Dire by VMware, Inc.. (Wilson, Samantha) (Entered: 01/06/2020)
1/6/2020Proposed Voir Dire by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/06/2020)
1/6/2020REDACTED VERSION of 419 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Response to December 27, 2019 Letter by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/06/2020)
1/6/2020MEMORANDUM ORDER re rulings on motions in limine and other trial related issues. Signed by Judge Leonard P. Stark on 1/6/20. (ntl) (Entered: 01/06/2020)
1/4/2020 RESPONSE to Motion re 450 MOTION for Leave to File a Motion in Limine to Exclude New Infringement Theories Not Present in Vijay Madisetti's November 29 Infringement Expert Report and to Preclude New Infringement Theories at Trial ; Densify's Response to VMware's Motion for Leave to File a Fourth Motion In Limine Re Supplemental Claim Construction Briefing filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/04/2020)
1/4/2020 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Motion for Leave to File Motion in Limine No. 4 and Dr. Madisetti's New January 3, 2020 Infringement Theories - re 450 MOTION for Leave to File a Motion in Limine to Exclude New Infringement Theories Not Present in Vijay Madisetti's November 29 Infringement Expert Report and to Preclude New Infringement Theories at Trial, 455 Declaration, 174 Scheduling Order,,. (Gaza, Anne) (Entered: 01/04/2020)
1/3/2020[SEALED] DECLARATION re 456 Reply Brief, - Declaration of Yue Li - by VMware, Inc.. (Attachments: # 1 Exhibit L-N)(Vrana, Robert) (Entered: 01/03/2020)
1/3/2020[SEALED] REPLY BRIEF re 414 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF JIM BERGMAN] , 415 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VIJAY MADISETTI] , 416 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VINCENT MAYFIELD] filed by VMware, Inc.. (Vrana, Robert) (Entered: 01/03/2020)
1/3/2020[SEALED] DECLARATION re 454 Statement (executed by Wesley White) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/03/2020)
1/3/2020[SEALED] STATEMENT re 426 Response to Order - Densify's response to VMware's Opening Brief as to the Construction of "Virtualized Environment" and Summary Judgment by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/03/2020)
1/3/2020[SEALED] ANSWERING BRIEF in Opposition to Plaintiffs' Opening Brief as to the Construction of Virtualized Environment and Summary Judgment (D.I. 425) filed by VMware, Inc..Reply Brief due date per Local Rules is 1/10/2020. (Vrana, Robert) (Entered: 01/03/2020)
1/3/2020[SEALED] DECLARATION re 451 Reply Brief Declaration of WESLEY WHITE by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/03/2020)
1/3/2020[SEALED] REPLY BRIEF re 411 MOTION to Preclude Motion to exclude certain expert testimony of Paul Meyer and M.T. Pham filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/03/2020)
1/3/2020[SEALED] MOTION for Leave to File a Motion in Limine to Exclude New Infringement Theories Not Present in Vijay Madisetti's November 29 Infringement Expert Report and to Preclude New Infringement Theories at Trial - filed by VMware, Inc.. (Attachments: # 1 Local Rule 7.1.1 Certification, # 2 Exhibit A)(Gaza, Anne) (Entered: 01/03/2020)
1/3/2020449ORAL ORDER: Having reviewed the parties' proposed voir dire (D.I. 422, 424, 441, 446), IT IS HEREBY ORDERED that the parties shall meet and confer and, by no later than Monday, December 6, file a single, joint submission that (i) is consistent in form and informed by the voir dire the Court recently used in Roche Diagnostics Corp. v. Meso Scale Diagnostics, LLC, C.A. No. 17-cv-189-LPS D.I. 258; and (ii) clearly identifies for the Court where there are disputes. ORDERED by Judge Leonard P. Stark on 1/3/20. (ntl) (Entered: 01/03/2020)
1/3/2020REDACTED VERSION of 413 Declaration OF SARAH JORGENSEN by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/03/2020)
1/3/2020REDACTED VERSION of 412 Opening Brief in Support, by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/03/2020)
1/3/2020 OBJECTIONS by Cirba IP, Inc., Cirba Inc. to 424 Proposed Voir Dire Densify's Objections to VMware's Proposed Voir Dire. (Dorsney, Kenneth) (Entered: 01/03/2020)
1/3/2020REDACTED VERSION of 418 Declaration,, by VMware, Inc.. (Attachments: # 1 Exhibit A-K)(Vrana, Robert) (Entered: 01/03/2020)
1/3/2020REDACTED VERSION of 417 Opening Brief in Support, by VMware, Inc.. (Vrana, Robert) (Entered: 01/03/2020)
1/3/2020443ORAL ORDER: For the reasons stated during the conference on December 17, 2019, IT IS HEREBY ORDERED that 366 MOTION for Leave to File a Motion for Summary Judgment filed by VMware, Inc. is GRANTED in part and DENIED in part. ORDERED by Judge Leonard P. Stark on 1/3/20. (ntl) (Entered: 01/03/2020)
1/3/2020REDACTED VERSION of 408 Letter, by VMware, Inc.. (Attachments: # 1 Exhibit 1 and 2)(Gaza, Anne) (Entered: 01/03/2020)
1/3/2020 OBJECTIONS by VMware, Inc. to 422 Proposed Voir Dire . (Vrana, Robert) (Entered: 01/03/2020)
1/2/2020[SEALED] Proposed Pretrial Order - Volume 2 (Exhibits 11, 11A - 11F) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibits 11, 11A - 11C, # 2 Exhibits 11D - 11F)(Dorsney, Kenneth) (Entered: 01/02/2020)
1/2/2020[SEALED] Proposed Pretrial Order - Volume 1 (Exhibits 1 - 10) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 01/02/2020)
1/2/2020CORRECTING ENTRY: Corrected document added to D.I. 437 per request of counsel. (ntl) (Entered: 01/02/2020)
12/31/2019[SEALED] DECLARATION re 437 Reply Brief, DECLARATION OF CHRISTINE E. LEHMAN by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-I)(Dorsney, Kenneth) (Entered: 12/31/2019)
12/31/2019[SEALED] REPLY BRIEF re 414 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF JIM BERGMAN] , 415 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VIJAY MADISETTI] , 416 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VINCENT MAYFIELD] filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Main Document 437 replaced on 1/2/2020) (ntl). (Entered: 12/31/2019)
12/31/2019[SEALED] DECLARATION re 435 Answering Brief in Opposition [DECLARATION OF YUE LI IN SUPPORT OF DEFENDANT VMWARE'S OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE CERTAIN EXPERT TESTIMONY OF PAUL K. MEYER AND M.T. PHAM] with Exhibits 1-14 by VMware, Inc.. (Vrana, Robert) (Entered: 12/31/2019)
12/31/2019[SEALED] ANSWERING BRIEF in Opposition re 411 MOTION to Preclude Motion to exclude certain expert testimony of Paul Meyer and M.T. Pham filed by VMware, Inc..Reply Brief due date per Local Rules is 1/7/2020. (Vrana, Robert) (Entered: 12/31/2019)
12/30/2019Proposed Jury Instructions by Cirba IP, Inc., Cirba Inc. Joint Proposed Final Jury Instructions. (Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019Proposed Jury Instructions by Cirba IP, Inc., Cirba Inc. Joint Proposed Preliminary Jury Instructions. (Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019[SEALED] DECLARATION re 425 Response to Order Declaration of Vijay Madisetti Volume V by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit 20-23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26)(Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019[SEALED] DECLARATION re 425 Response to Order Declaration of Vijay Madisetti Volume IV by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit 19 B -1, # 2 Exhibit 19 B-2, # 3 Exhibit 19 B-3, # 4 Exhibit 19 B-4, # 5 Exhibit 19 B-5, # 6 Exhibit 19 B-6, # 7 Exhibit 19 B-7)(Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019[SEALED] DECLARATION re 425 Response to Order Declaration of Vijay Madisetti Volume III by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit 19 A -1, # 2 Exhibit 19 A -2, # 3 Exhibit 19 A -3, # 4 Exhibit 19 A -4, # 5 Exhibit 19 A -5)(Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019[SEALED] DECLARATION re 425 Response to Order Declaration of Vijay Madisetti Volume II by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit 15, # 2 Exhibit 16, # 3 Exhibit 17, # 4 Exhibit 19)(Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019[SEALED] DECLARATION re 425 Response to Order Declaration of Vijay Madisetti Volume I by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11, # 3 Exhibit 12, # 4 Exhibit 13, # 5 Exhibit 14)(Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019[SEALED] DECLARATION re 426 Response to Order [DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Vrana, Robert) (Entered: 12/30/2019)
12/30/2019[SEALED] RESPONSE to Order re 400 Oral Order,,,, [VMWARE'S OPENING BRIEF ON THE CONSTRUCTION OF "VIRTUALIZED ENVIRONMENT" AND WHY SUMMARY JUDGMENT IS WARRANTED] filed by VMware, Inc.. (Gaza, Anne) (Entered: 12/30/2019)
12/30/2019[SEALED] RESPONSE to Order re 400 Oral Order,,,, OPENING BRIEF AS TO THE CONSTRUCTION OF VIRTUALIZED ENVIRONMENT AND SUMMARY JUDGMENT. (Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019Proposed Voir Dire by VMware, Inc.. (Vrana, Robert) (Entered: 12/30/2019)
12/30/2019VERDICT SHEET by VMware, Inc. [Proposed]. (Vrana, Robert) (Entered: 12/30/2019)
12/30/2019Proposed Voir Dire by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019VERDICT SHEET by Cirba IP, Inc., Cirba Inc. Plaintiffs' Proposed Verdict Form. (Dorsney, Kenneth) (Entered: 12/30/2019)
12/30/2019420ORAL ORDER: Having reviewed the parties' letters and related materials regarding their latest disputes (D.I. 408, 419), IT IS HEREBY ORDERED that VMware's request to strike portions of Mr. Mayfield's report and to preclude related testimony at trial is DENIED. Opinions disclosed in a rebuttal expert report are proper "if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party." Fed. R. Civ. P. 26(a)(2)(D)(ii). Such reports "may cite new evidence and data so long as the new evidence and data is offered to directly contradict or rebut the opposing party's expert." Withrow v. Spears, 967 F. Supp. 2d 982, 1002 (D. Del. 2013). The Court is persuaded that Mr. Mayfield's opinions in all three categories challenged by VMware are properly offered to contradict or rebut the opinions of Dr. Pham. Mr. Mayfield's (i) secondary meaning opinions directly rebut Dr. Pham's opinions on factors relating to distinctiveness and lack of secondary meaning (see generally VMware's Daubert motion (D.I. 417 at 3-4) (noting that "Dr. Pham opines as to the... lack of 'secondary meaning' for [Densify's] marks"); (ii) opinions on online search engines, bias, and optimization directly rebut Dr. Pham's assumptions about the pertinent field and how Dr. Pham's search methodology and results are flawed; and (iii) opinions on specific search results directly rebut Dr. Pham's single-word searching and whether such searches provide sufficient context to yield pertinent results. Densify's service of the Mayfield report was timely and exclusion is not warranted. IT IS FURTHER ORDERED that the discovery conference set for Monday, December 30, is CANCELLED. ORDERED by Judge Leonard P. Stark on 12/30/19. (ntl) (Entered: 12/30/2019)
12/30/2019CORRECTING ENTRY: Corrected document added to D.I. 417 per request of counsel. (ntl) (Entered: 12/30/2019)
12/28/2019[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Response to December 27, 2019 Letter - re 408 Letter,. (Dorsney, Kenneth) (Entered: 12/28/2019)
12/27/2019[SEALED] DECLARATION re 414 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF JIM BERGMAN] , 415 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VIJAY MADISETTI] , 416 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VINCENT MAYFIELD] [DECLARATION OF YUE LI] by VMware, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Vrana, Robert) (Entered: 12/27/2019)
12/27/2019[SEALED] OPENING BRIEF in Support re 414 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF JIM BERGMAN] , 415 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VIJAY MADISETTI] , 416 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VINCENT MAYFIELD] filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 1/10/2020. (Vrana, Robert) (Main Document 417 replaced on 12/30/2019) (ntl). (Entered: 12/27/2019)
12/27/2019 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VINCENT MAYFIELD] - filed by VMware, Inc.. (Vrana, Robert) (Entered: 12/27/2019)
12/27/2019 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF VIJAY MADISETTI] - filed by VMware, Inc.. (Vrana, Robert) (Entered: 12/27/2019)
12/27/2019 MOTION [VMWARE, INC.'S MOTION TO EXCLUDE TESTIMONY OF JIM BERGMAN] - filed by VMware, Inc.. (Vrana, Robert) (Entered: 12/27/2019)
12/27/2019[SEALED] DECLARATION re 412 Opening Brief in Support, Declaration of Sarah Jorgensen by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-H)(Dorsney, Kenneth) (Entered: 12/27/2019)
12/27/2019[SEALED] OPENING BRIEF in Support re 411 MOTION to Preclude Motion to exclude certain expert testimony of Paul Meyer and M.T. Pham filed by Cirba IP, Inc., Cirba Inc..Answering Brief/Response due date per Local Rules is 1/10/2020. (Dorsney, Kenneth) (Entered: 12/27/2019)
12/27/2019 MOTION to Preclude Motion to exclude certain expert testimony of Paul Meyer and M.T. Pham - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 12/27/2019)
12/27/2019REDACTED VERSION of 387 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 12/27/2019)
12/27/2019REDACTED VERSION of 386 Letter by VMware, Inc.. (Vrana, Robert) (Entered: 12/27/2019)
12/27/2019SO ORDERED, re 407 STIPULATION TO EXTEND TIME [Motion in Limine Briefs and Pre-Trial Order] to [See Stipulation] filed by VMware, Inc.. Signed by Judge Leonard P. Stark on 12/27/2019. (etg) (Entered: 12/27/2019)
12/27/2019[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding DISCOVERY DISPUTES IN RESPONSE TO THE COURT'S NOVEMBER 5, 2019 ORDER (D. I. 313) - re 313 Order,, Set Hearings,. (Attachments: # 1 Exhibit 1 Part 1 of 2, # 2 Exhibit 1 Part 2 of 2, # 3 Exhibit 2)(Gaza, Anne) (Entered: 12/27/2019)
12/27/2019 STIPULATION TO EXTEND TIME [Motion in Limine Briefs and Pre-Trial Order] to [See Stipulation] - filed by VMware, Inc.. (Vrana, Robert) (Entered: 12/27/2019)
12/26/2019406ORAL ORDER: IT IS HEREBY ORDERED that: (1) the pretrial conference will be held on January 7, 2020 beginning at 4:00 p.m.; and (2) trial will be held at some or all of the following times, subject to the overall time limits the Court will provide each side for its trial presentation (which the Court anticipates will be no more than 14-17 hours per side): (i) Monday, January 13: 8:30 a.m. - 5:00 p.m.; (ii) Tuesday, January 14: 8:30 a.m. - 5:00 p.m.; (iii) Wednesday, January 15: 8:30 a.m. - 3:00 p.m.; (iv) Thursday, January 16: 8:30 a.m. - 3:00 p.m.; (v) Friday, January 17: 10:30 a.m. - 4:30 p.m.; (vi) no trial on Monday, January 20; (vii) Tuesday, January 21: 8:30 a.m. - 5:00 p.m.; (viii) Wednesday, January 22: 8:30 a.m. - 12:00 p.m.; (ix) Thursday, January 23: 8:30 a.m. - 3:00 p.m.; and (x) Friday, January 24: 10:00 a.m. - 5:00 p.m. Ordered by Judge Leonard P. Stark on 12/26/2019. (etg) (Entered: 12/26/2019)
12/24/2019REDACTED VERSION of 385 Letter Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Discovery Dispute. by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 12/24/2019)
12/23/2019NOTICE OF SERVICE of 1) Rebuttal Expert Report of Dr. Jason Nieh Regarding Non-Infringement of U.S. Patent Nos. 8,209,687 and 9,654,367 and 2) Rebuttal Expert Report of Professor Paul K. Meyer Regarding Damages filed by VMware, Inc..(Vrana, Robert) (Entered: 12/23/2019)
12/23/2019NOTICE to Take Deposition of Dr. Jason Nieh on January 6, 2020 filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 12/23/2019)
12/23/2019NOTICE to Take Deposition of Paul Meyer on December 30, 2019 filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 12/23/2019)
12/23/2019NOTICE OF SERVICE of Rebuttal Expert Report of Dr. Vijay Madisetti filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 12/23/2019)
12/23/2019400ORAL ORDER: Having reviewed the parties' joint letter of December 19 (D.I. 398), IT IS HEREBY ORDERED that: (1) the pretrial conference will be held on January 7, 2020 at a time to be determined; (2) Daubert briefing shall be completed on the following dates: December 27, December 31, and January 3; (3) the additional briefing ordered at the December 17 hearing shall address the following issues: (i) in light of the Court's existing claim construction decision, what is the proper construction of the term "virtualized environment" in the context of the claim construction of "evaluating each virtual guest against each virtual host and other virtual guests," in the context of claims 3 and 7; and (ii) whether, in light of the Court's existing claim construction decision and the proper construction of the term "virtualized environment," VMware is entitled to summary judgment of non-infringement; and (4) the parties shall disclose to one another their proposed constructions for "virtualized environment" no later than December 24, 2019. Ordered by Judge Leonard P. Stark on 12/23/2019. (etg) (Entered: 12/23/2019)
12/20/2019REDACTED VERSION of 384 Letter, by VMware, Inc.. (Attachments: # 1 Proposed Scheduling Order, # 2 Chart of Proposed Scheduling Order Dates)(Vrana, Robert) (Entered: 12/20/2019)
12/20/2019SO ORDERED, re 392 Stipulation and Order Regarding Expert Discovery filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 12/20/19. (ntl) (Entered: 12/20/2019)
12/19/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding additional briefing and pretrial issues. (Dorsney, Kenneth) (Entered: 12/19/2019)
12/19/2019NOTICE to Take Deposition of Dr. Carl Waldspurger on December 20, 2019 filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 12/19/2019)
12/19/2019NOTICE OF SERVICE of Rebuttal Expert Report of Vincent W. Mayfield filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 12/19/2019)
12/18/2019NOTICE to Take Deposition of Vincent Mayfield on December 27, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 12/18/2019)
12/18/2019NOTICE to Take Deposition of Jim W. Bergman on December 28, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 12/18/2019)
12/18/2019NOTICE to Take Deposition of Dr. Vijay Madisetti on December 27, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 12/18/2019)
12/18/2019 STIPULATION regarding Expert Discovery by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 12/18/2019)
12/18/2019REDACTED VERSION of 374 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Summary Judgment by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 12/18/2019)
12/18/2019390ORAL ORDER: IT IS HEREBY ORDERED that: (1) the pretrial conference set for January 3, 2020 is CANCELLED and will be RESCHEDULED after the Court reviews the parties' joint letter to be filed by no later than tomorrow, December 19, 2019; (2) a jury trial, of up to ten days, on VMware's counterclaims will begin on September 13, 2021; (3) the pretrial conference on those counterclaims will be held on August 27, 2021 at 11:30am; (4) the proposed pretrial order is due on August 20, 2021; and (5) the parties shall submit a revised proposed scheduling order, with all necessary dates and deadlines and reflecting the dates given in this Order, no later than seven days after the completion of the trial on Densify's claims in January 2020. ORDERED by Judge Leonard P. Stark on 12/18/19. (ntl) (Entered: 12/18/2019)
12/17/2019Minute Entry for proceedings held before Judge Leonard P. Stark - Discovery Conference held on 12/17/2019. (Court Reporter B. Gaffigan.) (ntl) (Entered: 12/18/2019)
12/17/2019389ORAL ORDER: IT IS HEREBY ORDERED that the in-chambers conference today will begin at 4:00 p.m. ORDERED by Judge Leonard P. Stark on 12/17/19. (ntl) (Entered: 12/17/2019)
12/15/2019NOTICE of filing the following Non-Paper material(s) in multi media format: [SEALED] Exhibits 1 to 10 to [SEALED] DECLARATION of Dan Hubin (D.I. 387). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Anne Shea Gaza on behalf of VMware, Inc. (Gaza, Anne) (Entered: 12/15/2019)
12/15/2019[SEALED] DECLARATION re 386 Letter - Declaration of Dan Hubin - by VMware, Inc.. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21)(Gaza, Anne) (Entered: 12/15/2019)
12/15/2019[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Response to Plaintiffs' Letter of December 14, 2019 - re 385 Letter. (Gaza, Anne) (Entered: 12/15/2019)
12/14/2019[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Discovery Dispute. (Attachments: # 1 Exhibit A-N, # 2 Exhibit COS)(Dorsney, Kenneth) (Entered: 12/14/2019)
12/14/2019[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Parties' Proposed Scheduling Order on VMware's Patent Infringement Counterclaims - re 225 Order,,. (Attachments: # 1 Exhibit Proposed Scheduling Order on VMware's Patent Infringement Counterclaims, # 2 Exhibit Chart of Proposed Scheduling Order Dates, # 3 Exhibit Certificate of Service)(Gaza, Anne) (Entered: 12/14/2019)
12/13/2019NOTICE to Take Deposition of Vincent Mayfield on a mutually agreeable date to be determined filed by VMware, Inc..(Wilson, Samantha) (Entered: 12/13/2019)
12/13/2019NOTICE to Take Deposition of Dr. Vijay Madisetti on a mutually agreeable date to be determined filed by VMware, Inc..(Wilson, Samantha) (Entered: 12/13/2019)
12/13/2019NOTICE to Take Deposition of Jim W. Bergman on December 23, 2019 filed by VMware, Inc..(Wilson, Samantha) (Entered: 12/13/2019)
12/13/2019380ORAL ORDER: Having reviewed various recent filings (see, e.g., D.I. 366, 367, 374, 375, 377, 378), IT IS HEREBY ORDERED that the parties shall be prepared to discuss Defendant's motion for leave to file a motion for summary judgment (D.I. 366) at the conference next Tuesday, December 17, at 4:45 p.m. No further written submissions with respect to summary judgment, leave to file summary judgment, or leave to file additional briefs regarding leave to file summary judgment shall be filed in advance of next weeks conference. Ordered by Judge Leonard P. Stark on 12/13/2019. (etg) (Entered: 12/13/2019)
12/13/2019SO ORDERED, re 373 PROPOSED ORDER Pretrial exchanges by Cirba IP, Inc., Cirba Inc.. Signed by Judge Leonard P. Stark on 12/13/2019. (etg) (Entered: 12/13/2019)
12/13/2019NOTICE OF SERVICE of Defendant VMware's Notice Pursuant to 35 U.S.C. § 282 filed by VMware, Inc..(Vrana, Robert) (Entered: 12/13/2019)
12/12/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's December 12, 2019 Letter requesting to file reply letter. (Dorsney, Kenneth) (Entered: 12/12/2019)
12/12/2019 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Vmware, Inc.'s request for leave to file reply letter brief - re 374 Letter, 366 MOTION for Leave to File a Motion for Summary Judgment. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 12/12/2019)
12/11/2019REDACTED VERSION of 367 Letter, by VMware, Inc.. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 12/11/2019)
12/11/2019Joint Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding request for teleconference on VMware's Motion for Leave to File Summary Judgment - re 366 MOTION for Leave to File a Motion for Summary Judgment. (Gaza, Anne) (Entered: 12/11/2019)
12/11/2019[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Summary Judgment - re 367 Letter,. (Dorsney, Kenneth) (Entered: 12/11/2019)
12/9/2019 PROPOSED ORDER Pretrial exchanges by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 12/09/2019)
12/9/2019ORDER Setting Mediation Conference: A Mediation Conference is set for 12/20/2019 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 12/9/2019. (dlb) (Entered: 12/09/2019)
12/9/2019371ORAL ORDER: Having reviewed the parties' letters (D.I. 368, 369), IT IS HEREBY ORDERED that Defendant's request to send out a jury questionnaire, which is opposed by Plaintiff, is DENIED. ORDERED by Judge Leonard P. Stark on 12/9/19. (ntl) (Entered: 12/09/2019)
12/6/2019NOTICE to Take Deposition of (Michel) Tuan Pham on December 10, 2019 filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 12/06/2019)
12/6/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's December 5, 2019 Letter regarding juror questionnaire. (Dorsney, Kenneth) (Entered: 12/06/2019)
12/5/2019 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Proposed Juror Questionnaire. (Attachments: # 1 VMware's Proposed Juror Questionnaire)(Gaza, Anne) (Entered: 12/05/2019)
12/4/2019[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Defendant VMware, Inc.'s Motion for Leave to File a Motion for Summary Judgment - re 366 MOTION for Leave to File a Motion for Summary Judgment. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gaza, Anne) (Entered: 12/04/2019)
12/4/2019 MOTION for Leave to File a Motion for Summary Judgment - filed by VMware, Inc.. (Attachments: # 1 Certification Pursuant to D. Del. LR 7.1.1, # 2 Text of Proposed Order)(Gaza, Anne) (Entered: 12/04/2019)
12/3/2019NOTICE OF SERVICE of Expert Report of Dr. Jason Nieh Regarding Invalidity of U.S. Patent No. 8,209,687 and U.S. Patent No. 9,654,367 and Expert Report of Professor (Michel) Tuan Pham, Ph.D. filed by VMware, Inc..(Vrana, Robert) (Entered: 12/03/2019)
12/2/2019SO ORDERED, re 358 Stipulation and Order to take third-party deposition filed by VMware, Inc. Signed by Judge Leonard P. Stark on 12/2/19. (ntl) (Entered: 12/02/2019)
12/2/2019NOTICE OF SERVICE of (1) Plaintiffs' Opening Expert Report of Dr. Vijay Madisetti and (2) Plaintiffs' Opening Expert Report of Jim W. Bergman filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 12/02/2019)
12/2/2019363ORAL ORDER: Having been advised that the parties have no ripe discovery disputes, IT IS HEREBY ORDERED that the discovery conference set for tomorrow, December 3, is CANCELLED. ORDERED by Judge Leonard P. Stark on 12/2/19. (ntl) (Entered: 12/02/2019)
11/30/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Discovery Status - re 313 Order,, Set Hearings,. (Dorsney, Kenneth) (Entered: 11/30/2019)
11/27/2019NOTICE OF SERVICE of Defendant's Sixth Amended and Supplemental Response to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 1-15) and Second Amended and Supplemental Response to Plaintiffs' Second Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 16-25) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/27/2019)
11/27/2019REDACTED VERSION of 344 Declaration by VMware, Inc.. (Gaza, Anne) (Entered: 11/27/2019)
11/27/2019REDACTED VERSION of 343 Letter by VMware, Inc.. (Gaza, Anne) (Entered: 11/27/2019)
11/26/2019Joint STIPULATION and [Proposed] Order to Take Third Party Deposition by VMware, Inc.. (Wilson, Samantha) (Entered: 11/26/2019)
11/26/2019ORDER re 356 Memorandum Opinion regarding claim construction. Signed by Judge Leonard P. Stark on 11/26/19. (ntl) (Entered: 11/26/2019)
11/26/2019MEMORANDUM OPINION re claim construction. Signed by Judge Leonard P. Stark on 11/26/19. (ntl) (Entered: 11/26/2019)
11/26/2019ORDER Setting Mediation Conference: A Telephone Conference is set for 12/2/2019 at 10:45 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 11/26/2019. (dlb) (Entered: 11/26/2019)
11/26/2019CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) (Entered: 11/26/2019)
11/26/2019Remark: Case no longer referred to Chief Magistrate Judge Mary Pat Thynge for mediation. (cak) (Entered: 11/26/2019)
11/25/2019NOTICE OF SERVICE of 1) Defendant's Fifth Amended and Supplemental Response to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 1, 9), and 2) Corrected Exhibit A-1 to VMware's Final Invalidity Contentions filed by VMware, Inc..(Vrana, Robert) (Entered: 11/25/2019)
11/25/2019REDACTED VERSION of 341 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Plaintiffs' initial discovery dispute letter by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/25/2019)
11/22/2019NOTICE OF SERVICE of Defendant VMware's Rule 26(a)(1) Fifth Amended Initial Disclosures filed by VMware, Inc..(Vrana, Robert) (Entered: 11/22/2019)
11/21/2019NOTICE OF SERVICE of Supplemental Responses to Fifth Set of Interrogatories filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/21/2019)
11/20/2019350ORAL ORDER: IT IS HEREBY ORDERED that the November 5, 2019 Memorandum Order (D.I. 313) is amended such that any letter in opposition to an application for relief, which letter shall be filed two (2) days prior to each of the Standing Conferences, must be filed no later than 1:00 p.m. ORDERED by Judge Leonard P. Stark on 11/20/19. (ntl) (Entered: 11/20/2019)
11/19/2019Minute Entry for proceedings held before Judge Leonard P. Stark - Discovery Conference held on 11/19/2019. (Court Reporter V. Gunning.) (ntl) (Entered: 11/20/2019)
11/19/2019NOTICE OF SERVICE of Defendant VMware's Final Invalidity Contentions filed by VMware, Inc..(Vrana, Robert) (Entered: 11/19/2019)
11/19/2019SO ORDERED, re 347 MOTION for Pro Hac Vice Appearance of Attorney Shaun P. deLacy filed by VMware, Inc. Signed by Judge Leonard P. Stark on 11/19/19. (ntl) (Entered: 11/19/2019)
11/19/2019NOTICE OF SERVICE of (1) Plaintiffs' Second Supplemental Response to VMware's Post-Preliminary Injunction Hearing Interrogatories (No. 12); and (2) Plaintiffs' Supplemental Final Infringement Contentions filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/19/2019)
11/19/2019MOTION for Pro Hac Vice Appearance of Attorney Shaun P. deLacy - filed by VMware, Inc.. (Vrana, Robert) (Entered: 11/19/2019)
11/18/2019REDACTED VERSION of 329 Notice (Other) by VMware, Inc.. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 11/18/2019)
11/18/2019NOTICE OF SERVICE of Plaintiffs' Final Infringement Contentions filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/18/2019)
11/17/2019[SEALED] DECLARATION re 343 Letter - Declaration of Jim Dowell - by VMware, Inc.. (Gaza, Anne) (Entered: 11/17/2019)
11/17/2019[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Response to Plaintiffs' November 16, 2019 Discovery Dispute Letter - re 341 Letter. (Gaza, Anne) (Entered: 11/17/2019)
11/17/2019Official Transcript of Claim Construction Hearing held on November 1, 2019 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/18/2019. Release of Transcript Restriction set for 2/17/2020.(bpg) (Entered: 11/17/2019)
11/16/2019[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Plaintiffs' Initial Discovery Dispute Letter. (Dorsney, Kenneth) (Entered: 11/16/2019)
11/15/2019NOTICE to Take Deposition of Monica Sharma on November 22, 2019 filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/15/2019)
11/15/2019NOTICE OF SERVICE of Defendant's Fourth Amended and Supplemental Response to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 1-15) and First Amended and Supplemental Responses to Plaintiffs' Second Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 16-25) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/15/2019)
11/14/2019REDACTED VERSION of 322 Notice (Other) of Amended Subpoena by VMware, Inc.. (Attachments: # 1 Exhibit A)(Wilson, Samantha) (Entered: 11/14/2019)
11/14/2019REDACTED VERSION of 321 Notice of Service by VMware, Inc.. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 11/14/2019)
11/13/2019NOTICE OF SERVICE of Defendant VMware's Rule 26(a)(1) Fourth Supplemental and Amended Initial Disclosures filed by VMware, Inc..(Vrana, Robert) (Entered: 11/13/2019)
11/13/2019NOTICE to Take Deposition of Raghu Raghuram on November 26, 2019 (AMENDED) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/13/2019)
11/13/2019NOTICE to Take Deposition of Pat Gelsinger on November 25, 2019 (AMENDED) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/13/2019)
11/13/2019NOTICE to Take Deposition of Greg Lavender on November 13, 2019 (AMENDED) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/13/2019)
11/12/2019NOTICE to Take Deposition of Sunny Dua on November 21, 2019 (AMENDED) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/12/2019)
11/12/2019 NOTICE of Deposition of VMware pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) (Entered: 11/12/2019)
11/12/2019REDACTED VERSION of 305 Exhibit to a Document by VMware, Inc.. (Gaza, Anne) (Entered: 11/12/2019)
11/12/2019[SEALED] NOTICE of Subpoena and Deposition by VMware, Inc. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 11/12/2019)
11/11/2019NOTICE OF SERVICE of Defendant's Third Amended and Supplemental Response to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 1-15) filed by VMware, Inc..(Wilson, Samantha) (Entered: 11/11/2019)
11/11/2019NOTICE to Take Deposition of Raghu Raghuram on November 26, 2019 (AMENDED) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/11/2019)
11/11/2019NOTICE to Take Deposition of Pat Gelsinger on November 25, 2019 (AMENDED) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/11/2019)
11/11/2019NOTICE to Take Deposition of Greg Lavender on November 13, 2019 (AMENDED) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/11/2019)
11/11/2019NOTICE OF SERVICE of Plaintiffs' Supplemental Response to VMware's Post-Preliminary Injunction Hearing Interrogatories (Nos. 3 and 12) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/11/2019)
11/7/2019NOTICE to Take Deposition of Jeff Pauze on November 22, 2019 (Amended) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/07/2019)
11/7/2019CORRECTING ENTRY: Corrected Exhibit A added to D.I. 322 per request of counsel. (ntl) (Entered: 11/07/2019)
11/7/2019[SEALED] NOTICE of Amended Subpoena by VMware, Inc. (Attachments: # 1 Exhibit A)(Wilson, Samantha) (Attachment 1 replaced on 11/7/2019) (ntl). (Entered: 11/07/2019)
11/7/2019[SEALED] NOTICE OF SERVICE of Notice of Subpoena filed by VMware, Inc.. (Attachments: # 1 Subpoena, # 2 Certificate of Service)(Vrana, Robert) (Entered: 11/07/2019)
11/6/2019NOTICE OF SERVICE of Responses to fourth set of requests for production filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/06/2019)
11/6/2019NOTICE to Take Deposition of Ray Boots on November 22, 2019 filed by VMware, Inc..(Vrana, Robert) (Entered: 11/06/2019)
11/6/2019NOTICE to Take Deposition of Scott Browne on November 19, 2019 (Amended) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/06/2019)
11/6/2019NOTICE OF SERVICE of VMware's Responses to Plaintiffs' Fifth Set of Post-Preliminary Injunction Requests for Production of Documents and Things (Nos. 196-201) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/06/2019)
11/6/2019NOTICE to Take Deposition of Riyaz Somani on November 14, 2019 (Amended) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/06/2019)
11/5/2019NOTICE OF SERVICE of 1) VMware's Responses to Plaintiffs' First and Second Set of Requests for Admission (Nos. 1-23); 2) VMware's Responses to Plaintiffs' Fourth Set of Post-Preliminary Injunction Requests for Production of Documents and Things (Nos. 177-195), and 3) VMware's Responses to Plaintiffs' Second Set of Post-Preliminary Injunction Interrogatories (Nos. 16-25) filed by VMware, Inc..(Vrana, Robert) (Entered: 11/05/2019)
11/5/2019NOTICE OF SERVICE of Notice of Subpoenas to Monica Sharma filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/05/2019)
11/5/2019MEMORANDUM ORDER: A Discovery Conference is set for 11/19/2019 at 04:45 PM in Chambers. A Discovery Conference is set for 12/3/2019 at 04:45 PM in Chambers. A Discovery Conference is set for 12/17/2019 at 04:45 PM in Chambers. A Discovery Conference is set for 12/30/2019 at 04:45 PM in Chambers. Signed by Judge Leonard P. Stark on 11/5/19. (ntl) (Entered: 11/05/2019)
11/5/2019REDACTED VERSION of 289 Declaration of Ariel Green (Second Declaration) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/05/2019)
11/5/2019REDACTED VERSION of 287 Letter The Honorable Leonard P. Stark responding to VMware's October 28, 2019 Letter by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/05/2019)
11/5/2019REDACTED VERSION of 288 Letter by VMware, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit 1-5)(Gaza, Anne) (Entered: 11/05/2019)
11/4/2019REDACTED VERSION of 279 Declaration of Ariel Green by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/04/2019)
11/4/2019REDACTED VERSION of 278 Letter to Judge Stark from Kenneth Dorsney by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/04/2019)
11/4/2019REDACTED VERSION of 277 Letter, by VMware, Inc.. (Attachments: # 1 Exhibit 1-10)(Vrana, Robert) (Entered: 11/04/2019)
11/4/2019 NOTICE of Lodging by VMware, Inc. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 11/04/2019)
11/4/2019SO ORDERED, re 300 MOTION for Pro Hac Vice Appearance of Attorney Yue (lily) Li filed by VMware, Inc. Signed by Judge Leonard P. Stark on 11/4/19. (ntl) (Entered: 11/04/2019)
11/4/2019SO ORDERED, re 298 Stipulation to Amend Scheduling Order -- Proposed Pretrial Order due by 12/27/2019. Signed by Judge Leonard P. Stark on 11/4/19. (ntl) (Entered: 11/04/2019)
11/3/2019[SEALED] EXHIBIT re 304 Letter - Exhibits 1-10 - by VMware, Inc.. (Gaza, Anne) (Entered: 11/03/2019)
11/3/2019 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware, Inc.'s Response to Plaintiffs' November 3, 2019 Letter - re 303 Letter. (Gaza, Anne) (Entered: 11/03/2019)
11/3/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Discovery - re 302 Letter. (Dorsney, Kenneth) (Entered: 11/03/2019)
11/2/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Discovery. (Dorsney, Kenneth) (Entered: 11/02/2019)
11/1/2019Minute Entry for proceedings held before Judge Leonard P. Stark - Markman Hearing held on 11/1/2019. (Court Reporter B. Gaffigan.) (ntl) (Entered: 11/05/2019)
11/1/2019NOTICE to Take Deposition of Ben Fathi on November 7, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 11/01/2019)
11/1/2019MOTION for Pro Hac Vice Appearance of Attorney Yue (lily) Li - filed by VMware, Inc.. (Vrana, Robert) (Entered: 11/01/2019)
11/1/2019NOTICE OF SERVICE of Responses to Fifth Set of Interrogatories (No. 25) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 11/01/2019)
11/1/2019 STIPULATION to Amend Scheduling Order by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 11/01/2019)
11/1/2019SO ORDERED, re 292 MOTION for Pro Hac Vice Appearance of Attorney Ryan J. Malloy filed by VMware, Inc., 295 MOTION for Pro Hac Vice Appearance of Attorney R. Benjamin Nelson filed by VMware, Inc. Signed by Judge Leonard P. Stark on 11/1/19. (ntl) (Entered: 11/01/2019)
11/1/2019CORRECTING ENTRY: Corrected document added to D.I. 296 per request of counsel. (ntl) (Entered: 11/01/2019)
11/1/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's October 31, 2019 letter. (Dorsney, Kenneth) (Entered: 11/01/2019)
10/31/2019 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Request for a Discovery Teleconference. (Gaza, Anne) (Main Document 296 replaced on 11/1/2019) (ntl). (Entered: 10/31/2019)
10/31/2019MOTION for Pro Hac Vice Appearance of Attorney R. Benjamin Nelson - filed by VMware, Inc.. (Vrana, Robert) (Entered: 10/31/2019)
10/31/2019NOTICE OF SERVICE of responses to fourth set of interrogatories (Nos. 13-24) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/31/2019)
10/31/2019293ORAL ORDER: Having reviewed the parties' letter briefs regarding their discovery disputes (D.I. 277, 278, 287, 288), IT IS HEREBY ORDERED that (i) Plaintiff shall be permitted to depose the three VMware executives it seeks to depose, as Defendant has not met its burden to show that such depositions are not warranted or will be unduly burdensome, and the accelerated schedule imposed in this case does not permit the ordinary approach of resolving "apex deposition" disputes only after all other witnesses have been examined; and (ii) Plaintiff shall produce, by no later than Monday, November 4, 2019, a privilege log to Defendant regarding the thirty documents it clawed back on October 21, 2019. Regarding the remaining disputes, which all relate to document production, the Court agrees that some relief must be granted to Plaintiff and that a modification to the current scheduling order is warranted, without modifying the trial date. The Court disagrees, however, that the modifications to the schedule should be one-sided. Thus, IT IS FURTHER ORDERED that the parties shall meet and confer and jointly submit a proposed modified schedule by no later than tomorrow, November 1, at 2:00 p.m., which may be discussed further at the hearing tomorrow. ORDERED by Judge Leonard P. Stark on 10/31/19. (ntl) (Entered: 10/31/2019)
10/31/2019MOTION for Pro Hac Vice Appearance of Attorney Ryan J. Malloy - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 10/31/2019)
10/31/2019NOTICE OF SERVICE of (1) Plaintiffs' Response to VMware's First Set of Requests for Admission (Nos. 1-20); and (2) Plaintiffs' Third Amended and Supplemental Initial Disclosures filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/31/2019)
10/30/2019NOTICE to Take Deposition of Chuck Tatham on November 6, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/30/2019)
10/29/2019[SEALED] DECLARATION re 287 Letter SECOND DECLARATION OF ARIEL C. GREEN by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/29/2019)
10/29/2019[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Response to Cirba's Letter of October 28, 2019 - re 278 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit 1-5)(Gaza, Anne) (Entered: 10/29/2019)
10/29/2019[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Discovery Dispute - re 277 Letter,. (Dorsney, Kenneth) (Entered: 10/29/2019)
10/29/2019NOTICE OF SERVICE of Responses to third interrgatories (No. 12) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/29/2019)
10/29/2019REDACTED VERSION of 259 Letter to The Honorable Leonard P. Stark regarding related action by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/29/2019)
10/29/2019SO ORDERED, re 275 MOTION for Pro Hac Vice Appearance of Attorney Joyce Liou filed by VMware, Inc., 274 MOTION for Pro Hac Vice Appearance of Attorney Rahul Sarkar filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 10/29/19. (ntl) (Entered: 10/29/2019)
10/29/2019NOTICE to Take Deposition of Dave Overbeek on October 30, 2019 (AMENDED) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/29/2019)
10/28/2019NOTICE to Take Deposition of Riyaz Somani on November 6, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/28/2019)
10/28/2019NOTICE to Take Deposition of Scott Browne on November 5, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/28/2019)
10/28/2019NOTICE to Take Deposition of Andrew Hillier on October 31, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/28/2019)
10/28/2019NOTICE to Take Deposition of Yama Habibzai on October 30, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/28/2019)
10/28/2019[SEALED] DECLARATION re 278 Letter Declaration of Ariel Green by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/28/2019)
10/28/2019[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Discovery Dispute - re 273 Order,,. (Dorsney, Kenneth) (Entered: 10/28/2019)
10/28/2019[SEALED] Letter to The Honorable Leonard P. Stark from Robert M. Vrana regarding Discovery Disputes in Response to the Court's October 25, 2019 Order (D.I. 273) - re 273 Order,,. (Attachments: # 1 Exhibit 1-10, # 2 Certificate of Service)(Vrana, Robert) (Entered: 10/28/2019)
10/28/2019NOTICE OF SERVICE of Subpoenas to TD Bank NA and Michael Hein filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/28/2019)
10/28/2019SO ORDERED, re 234 Joint STIPULATION and [Proposed] Order to Take Third Party Deposition Out of Time filed by VMware, Inc. Signed by Judge Leonard P. Stark on 10/28/19. (ntl) (Entered: 10/28/2019)
10/25/2019MOTION for Pro Hac Vice Appearance of Attorney Joyce Liou - filed by VMware, Inc.. (Vrana, Robert) (Entered: 10/25/2019)
10/25/2019MOTION for Pro Hac Vice Appearance of Attorney Rahul Sarkar - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/25/2019)
10/25/2019273ORAL ORDER: IT IS HEREBY ORDERED that with respect to any issues to which the parties believe they have a ripe dispute (e.g., discovery disputes, see D.I. 268, 269), each side shall file letter briefs not to exceed a total of five and three pages, on October 28 and 29. That is, each side may file a total of 8 pages of letter briefing. The parties shall be prepared to address any of the briefed issues at the conclusion of the claim construction hearing on November 1. ORDERED by Judge Leonard P. Stark on 10/25/19. (ntl) (Entered: 10/25/2019)
10/25/2019NOTICE OF SERVICE of (1) Densify's Amended Responses to Defendant's First Set of Post-Preliminary Injunction Requests for Production (Nos. 1-111); (2) Densify's Amended Responses to Defendant's Second Set of Post-Preliminary Injunction Requests for Production (Nos. 112-168); and (3) Densify's Amended Responses to Defendant's Third Set of Post-Preliminary Injunction Requests for Production (Nos. 169-191) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/25/2019)
10/24/2019Joint APPENDIX re 270 Statement - Joint Claim Construction Brief by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/24/2019)
10/24/2019 STATEMENT - Joint Claim Construction Brief by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/24/2019)
10/24/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Expedited teleconference - re 268 Letter. (Dorsney, Kenneth) (Entered: 10/24/2019)
10/24/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Request for Discovery Teleconference. (Dorsney, Kenneth) (Entered: 10/24/2019)
10/24/2019SO ORDERED, re 258 MOTION for Pro Hac Vice Appearance of Attorney Mark R.S. Foster filed by VMware, Inc. Signed by Judge Leonard P. Stark on 10/24/19. (ntl) (Entered: 10/24/2019)
10/24/2019REDACTED VERSION of 242 Status Report by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/24/2019)
10/23/2019NOTICE to Take Deposition of Gerry Smith on October 25, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/23/2019)
10/23/2019NOTICE OF SERVICE of VMware, Inc.'s Fourth Set of Post-Preliminary Injunction Hearing Requests for Production to Plaintiffs/Counter-Defendants (Nos. 192-204) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/23/2019)
10/23/2019NOTICE OF SERVICE of VMware's Responsive Claim Construction Brief filed by VMware, Inc..(Vrana, Robert) (Entered: 10/23/2019)
10/23/2019 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware, Inc.'s Response to Cirba's Technology Tutorial - re 246 Letter. (Gaza, Anne) (Entered: 10/23/2019)
10/23/2019NOTICE OF SERVICE of (1) Densify's Firth Set of Post-Preliminary Injunction Requests for Production (Nos. 196-201); and (2) Densify's Second Set of Requests for Admission to VMware (Nos. 20-23) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/23/2019)
10/23/2019 STATEMENT re 245 Letter Comments to Technology Tutorial by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/23/2019)
10/23/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Markman Hearing. (Dorsney, Kenneth) (Entered: 10/23/2019)
10/22/2019[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Related litigation. (Dorsney, Kenneth) (Entered: 10/22/2019)
10/22/2019MOTION for Pro Hac Vice Appearance of Attorney Mark R.S. Foster - filed by VMware, Inc.. (Gaza, Anne) (Entered: 10/22/2019)
10/22/2019NOTICE OF SERVICE of (1)SECOND AMENDED AND SUPPLEMENTAL INITIAL DISCLOSURES; (2) FIRST SET OF REQUESTS FOR ADMISSION; (3) FOURTH SET OF POST-PRELIMINARY INJUNCTION REQUESTS FOR PRODUCTION and (4) SECOND SET OF POST-PRELIMINARY INJUNCTION INTERROGATORIES filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/22/2019)
10/22/2019NOTICE OF SERVICE of VMware, Inc.'s Second Amended Responses to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Requests for Production of Documents and Things (Nos. 1-56) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/22/2019)
10/22/2019NOTICE OF SERVICE of Defendant VMware's Rule 26(a)(1) Third Supplemental and Amended Initial Disclosures filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/22/2019)
10/22/2019NOTICE to Take Deposition of Ray Boots on a date to be mutually agreed upon by the parties filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/22/2019)
10/22/2019NOTICE to Take Deposition of Jeff Pauze on a date to be mutually agreed upon by the parties filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/22/2019)
10/22/2019NOTICE to Take Deposition of Chuck Tatham on a date to be mutually agreed upon by the parties filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/22/2019)
10/22/2019SO ORDERED, re 251 MOTION for Pro Hac Vice Appearance of Attorney Arturo J. Gonzalez filed by VMware, Inc. Signed by Judge Leonard P. Stark on 10/22/19. (ntl) (Entered: 10/22/2019)
10/21/2019MOTION for Pro Hac Vice Appearance of Attorney Arturo J. Gonzalez - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 10/21/2019)
10/21/2019NOTICE to Take Deposition of Greg Lavender filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/21/2019)
10/21/2019NOTICE of Change of Address by Kenneth Laurence Dorsney (Dorsney, Kenneth) (Entered: 10/21/2019)
10/18/2019NOTICE OF SERVICE of 1) Defendant VMware's Third Supplemental Initial Invalidity Contentions; 2) Defendant VMware's Rule 26(a)(1) Second Supplemental and Amended Initial Disclosures; 3) VMware, Inc.'s Fifth Set of Post-Preliminary Injunction Hearing Interrogatories to Plaintiffs/Counter-Defendants (No. 25), and 4) Defendant's Second Amended and Supplemental Responses to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 1-15) filed by VMware, Inc..(Gaza, Anne) (Entered: 10/18/2019)
10/18/2019NOTICE OF SERVICE of Identification of accused products filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/18/2019)
10/18/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Enclosing copies of Technology Tutorial. (Dorsney, Kenneth) (Entered: 10/18/2019)
10/18/2019 Letter to The Honorable Leonard P. Stark from Robert M. Vrana regarding VMware, Inc.'s Technology Tutorial. (Vrana, Robert) (Entered: 10/18/2019)
10/18/2019NOTICE of Appearance by Robert M. Vrana on behalf of VMware, Inc. (Vrana, Robert) (Entered: 10/18/2019)
10/17/2019NOTICE OF SERVICE of VMware, Inc.'s Fourth Set of Post-Preliminary Injunction Hearing Interrogatories to Plaintiffs/Counter-Defendants (Nos. 13-24) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/17/2019)
10/17/2019[SEALED] STATUS REPORT by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/17/2019)
10/17/2019NOTICE OF SERVICE of Defendant VMware's Second Supplemental Initial Invalidity Contentions filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/17/2019)
10/17/2019SO ORDERED re 240 MOTION for Pro Hac Vice Appearance of Attorney Matthew I. Kreeger filed by VMware, Inc.. Signed by Judge Leonard P. Stark on 10/17/2019. (etg) (Entered: 10/17/2019)
10/17/2019SO ORDERED, re 238 STIPULATION TO EXTEND TIME Interium status report to October 17, 2019 filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 10/17/19. (ntl) (Entered: 10/17/2019)
10/16/2019MOTION for Pro Hac Vice Appearance of Attorney Matthew I. Kreeger - filed by VMware, Inc.. (Gaza, Anne) (Entered: 10/16/2019)
10/16/2019NOTICE OF SERVICE of VMware, Inc.'s Requests for Admission to Plaintiffs/Counter-Defendants Nos. 1-20 filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/16/2019)
10/16/2019 STIPULATION TO EXTEND TIME Interium status report to October 17, 2019 - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/16/2019)
10/16/2019NOTICE OF SERVICE of VMware, Inc.'s Third Set of Post-Preliminary Injunction Hearing Interrogatories to Plaintiffs/Counter-Defendants No. 12 filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/16/2019)
10/16/2019NOTICE OF SERVICE of Notice of Subpoenas for TD Bank NA and ExxonMobil Corp. filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/16/2019)
10/15/2019NOTICE OF SERVICE of 1) VMware's Opening Claim Construction Brief; 2) VMware, Inc.'s Response to Cirba's Notice of Deposition of VMware, and 3) Defendant VMware's Rule 26(a)(1) Amended and Supplemental Initial Disclosures filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/15/2019)
10/15/2019Joint STIPULATION and [Proposed] Order to Take Third Party Deposition Out of Time by VMware, Inc.. (Wilson, Samantha) (Entered: 10/15/2019)
10/15/2019NOTICE to Take Deposition of Ben Fathi on November 7, 2019 and Notice of Service of Subpoenas filed by VMware, Inc.. (Attachments: # 1 Exhibit A and B)(Wilson, Samantha) (Entered: 10/15/2019)
10/15/2019NOTICE to Take Deposition of Yama Habibzai on a date to be mutually agreed upon by the parties filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/15/2019)
10/15/2019NOTICE to Take Deposition of Scott Browne on a date to be mutually agreed upon by the parties filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/15/2019)
10/15/2019NOTICE to Take Deposition of Gerry Smith on a date to be mutually agreed upon by the parties filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/15/2019)
10/15/2019NOTICE to Take Deposition of Riyaz Somani on a date to be mutually agreed upon by the parties filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/15/2019)
10/15/2019NOTICE to Take Deposition of Andrew Hillier on a date to be mutually agreed upon by the parties filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/15/2019)
10/15/2019NOTICE to Take Deposition of Tom Silangan Yuyitung on October 18, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/15/2019)
10/15/2019NOTICE OF SERVICE of Plaintiffs' First Amended and Supplemental Responses to Defendant's FIrst Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 1-11) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/15/2019)
10/15/2019225ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer at a time sufficient to enable them to provide the Court with a joint proposed scheduling order to govern VMware's patent infringement counterclaims by no later than December 13. VMware's unilaterally proposed schedule, which would impose deadlines beginning as early as October 15, is not warranted and is inconsistent with the Court's decision to sever VMware's counterclaims from the highly expedited trial of Cirba's claims. ORDERED by Judge Leonard P. Stark on 10/15/19. (ntl) (Entered: 10/15/2019)
10/14/2019NOTICE to Take Deposition of Raghu Raghuram filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/14/2019)
10/14/2019NOTICE to Take Deposition of Patrick Gelsinger filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/14/2019)
10/14/2019NOTICE to Take Deposition of Niels Hagoort filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/14/2019)
10/11/2019NOTICE to Take Deposition of Monica Sharma filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/11/2019)
10/10/2019NOTICE to Take Deposition of Sunny Dua filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/10/2019)
10/10/2019NOTICE to Take Deposition of Dave Overbeek filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/10/2019)
10/10/2019SO ORDERED, re 215 MOTION for Pro Hac Vice Appearance of Attorney Nathan B. Sabri filed by VMware, Inc.. Signed by Judge Leonard P. Stark on 10/10/2019. (etg) (Entered: 10/10/2019)
10/10/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding VMWare's proposed schedule - re 217 Letter. (Dorsney, Kenneth) (Entered: 10/10/2019)
10/9/2019 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's Proposed Scheduling Order - re 216 Proposed Order. (Attachments: # 1 Exhibit 1)(Gaza, Anne) (Entered: 10/09/2019)
10/9/2019 PROPOSED ORDER - VMware's Proposed Scheduling Order - by VMware, Inc.. (Gaza, Anne) (Entered: 10/09/2019)
10/8/2019MOTION for Pro Hac Vice Appearance of Attorney Nathan B. Sabri - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 10/08/2019)
10/8/2019NOTICE OF SERVICE of Defendant VMware's Supplemental Initial Invalidity Contentions filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/08/2019)
10/7/2019NOTICE OF SERVICE of 1) Defendant's First Amended and Supplemental Responses to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 1-15); 2) VMware, Inc.'s First Amended Responses to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Requests for Production of Documents and Things (Nos. 1-56), and 3) Defendant VMware's Amended Disclosures Pursuant to Section 3 of the Default Standard for Discovery filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/07/2019)
10/7/2019SO ORDERED, re 209 STIPULATION to Amend Scheduling Order by Cirba IP, Inc., Cirba Inc. Signed by Judge Leonard P. Stark on 10/07/2019. (etg) (Entered: 10/07/2019)
10/4/2019NOTICE OF SERVICE of Responses to third set of requests for production filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 10/04/2019)
10/3/2019NOTICE OF SERVICE of VMware, Inc.'s Responses to Cirba Inc. and Cirba IP, Inc.'s Third Set of Post-Preliminary Injunction Hearing Requests for Production of Documents and Things (Nos. 152-176) filed by VMware, Inc..(Vrana, Robert) (Entered: 10/03/2019)
10/2/2019NOTICE OF SERVICE of VMware, Inc.'s Responses to Cirba Inc. and Cirba IP, Inc.'s Second Set of Post-Preliminary Injunction Hearing Requests for Production of Documents and Things (Nos. 57-151) filed by VMware, Inc..(Wilson, Samantha) (Entered: 10/02/2019)
10/2/2019Pro Hac Vice Attorney Khue V. Hoang, Peter J. Ayers for Cirba IP, Inc. and for Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d), Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam) (Entered: 10/02/2019)
10/2/2019Pro Hac Vice Attorneys Peter J. Ayers and Khue V. Hoang for Cirba IP, Inc. and Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 10/02/2019)
10/1/2019 STIPULATION to Amend Scheduling Order by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 10/01/2019)
9/27/2019CLAIM Construction Chart by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 09/27/2019)
9/26/2019NOTICE OF SERVICE of Defendant VMware's Initial Invalidity Contentions filed by VMware, Inc..(Wilson, Samantha) (Entered: 09/26/2019)
9/26/2019NOTICE OF SERVICE of VMware, Inc.'s Supplemental Notice of 30(b)(6) Deposition to Cirba (Post-Preliminary Injunction) filed by VMware, Inc..(Wilson, Samantha) (Entered: 09/26/2019)
9/26/2019REDACTED VERSION of 192 Reply Brief in support of Motion to Redact Portions of the Preliminary Injunction Hearing Transcript by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 09/26/2019)
9/26/2019NOTICE OF SERVICE of Notice of 30(b)(6) Deposition to VMWare, Inc. filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/26/2019)
9/25/2019SO ORDERED, re 203 MOTION for Pro Hac Vice Appearance of Attorney Peter J. Ayers filed by Cirba Inc., Cirba IP, Inc., 201 MOTION for Pro Hac Vice Appearance of Attorney Khue V. Hoang filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 9/25/19. (ntl) (Entered: 09/25/2019)
9/25/2019MOTION for Pro Hac Vice Appearance of Attorney Peter J. Ayers - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 09/25/2019)
9/24/2019REDACTED VERSION of 189 Letter by VMware, Inc.. (Attachments: # 1 Exhibit 1-8)(Gaza, Anne) (Entered: 09/24/2019)
9/24/2019MOTION for Pro Hac Vice Appearance of Attorney Khue V. Hoang - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 09/24/2019)
9/24/2019Official Transcript of Telephone Conference held on September 19, 2019 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone number (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/15/2019. Redacted Transcript Deadline set for 10/25/2019. Release of Transcript Restriction set for 12/23/2019. (bpg) (Entered: 09/24/2019)
9/23/2019NOTICE OF SERVICE of VMware's Preliminary Identification of Claim Terms and Proposed Constructions filed by VMware, Inc..(Wilson, Samantha) (Entered: 09/23/2019)
9/23/2019NOTICE OF SERVICE of Plaintiffs' Claim Terms and Phrases for Construction and Proposed Claim Construction of Terms and Phrases filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/23/2019)
9/20/2019NOTICE OF SERVICE of VMware, Inc.'s Third Set of Post-Preliminary Injunction Hearing Requests for Production to Plaintiffs/Counter-Defendants Nos. 169-191 filed by VMware, Inc..(Wilson, Samantha) (Entered: 09/20/2019)
9/20/2019NOTICE OF SERVICE of (1) Plaintiffs' responses to VMware's Second Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 12-16); and (2) Plaintiffs' responses to VMware's Second Set of Post-Preliminary Injunction Hearing Requests for Production (Nos. 112-168) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/20/2019)
9/20/2019REDACTED VERSION of 181 Response to Motion by VMware, Inc.. (Attachments: # 1 Exhibit 1)(Gaza, Anne) (Entered: 09/20/2019)
9/20/2019194ORAL ORDER: For the reasons stated during the teleconference yesterday, IT IS HEREBY ORDERED that Plaintiffs' Motion to Sever (D.I. 155) is GRANTED. ORDERED by Judge Leonard P. Stark on 9/20/19. (ntl) (Entered: 09/20/2019)
9/19/2019NOTICE OF SERVICE of Third set of requests for production (Nos. 152-176) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/19/2019)
9/19/2019Minute Entry for proceedings held before Judge Leonard P. Stark - Teleconference held on 9/19/2019. (Court Reporter B. Gaffigan.) (ntl) (Entered: 09/19/2019)
9/19/2019[SEALED] REPLY BRIEF re 161 MOTION to Redact 138 Transcript,, filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 09/19/2019)
9/19/2019SO ORDERED, re 188 STIPULATED ORDER FOR DISCOVERY, INCLUDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI). Signed by Judge Leonard P. Stark on 9/19/19. (ntl) (Entered: 09/19/2019)
9/18/2019NOTICE OF SERVICE of Second Set of Requests for Production (Nos. 57-151) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/18/2019)
9/18/2019NOTICE OF SERVICE of Densify's Corrected Supplemental Initial Infringement Contentions to VMware filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/18/2019)
9/17/2019[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware, Inc.'s Response to Plaintiffs' September 16, 2019 Letter - re 185 Letter. (Attachments: # 1 Exhibit 1-8)(Gaza, Anne) (Entered: 09/17/2019)
9/17/2019 PROPOSED ORDER STIPULATED ORDER FOR DISCOVERY, INCLUDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 09/17/2019)
9/17/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Source Code - re 184 Letter. (Dorsney, Kenneth) (Entered: 09/17/2019)
9/17/2019NOTICE OF SERVICE of Supplemental Infringement Contentions filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/17/2019)
9/16/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Discovery Dispute - re 178 Order Setting Teleconference,,,. (Dorsney, Kenneth) (Entered: 09/16/2019)
9/16/2019 Letter to The Honorable Leonard P. Stark from Samantha G. Wilson regarding Opening Dispute Letter - re 178 Order Setting Teleconference,,,. (Attachments: # 1 Exhibit A - C)(Wilson, Samantha) (Entered: 09/16/2019)
9/16/2019NOTICE OF SERVICE of Plaintiffs' Production of Core Technical Documents and Sales Figures related to the Accused Products filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/16/2019)
9/16/2019 ANSWER to 150 Answer to Amended Complaint,, Counterclaim, by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/16/2019)
9/13/2019[SEALED] RESPONSE to Motion re 161 MOTION to Redact 138 Transcript,, filed by VMware, Inc.. (Attachments: # 1 Exhibit 1)(Gaza, Anne) (Entered: 09/13/2019)
9/13/2019NOTICE to Take Deposition of Tom Silangan Yuyitung on a mutually agreeable date to be determined filed by VMware, Inc..(Wilson, Samantha) (Entered: 09/13/2019)
9/12/2019NOTICE OF SERVICE of VMware, Inc.'s Notice of 30(b)(6) Deposition to Cirba (Post-Preliminary Injunction) filed by VMware, Inc..(Wilson, Samantha) (Entered: 09/12/2019)
9/12/2019178ORAL ORDER: Having reviewed the parties' Joint Status Report (D.I. 177), IT IS HEREBY ORDERED that not later than September 16, 2019, any party seeking relief on a ripe discovery matter shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than September 17, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. IT IS FURTHER ORDERED that a teleconference is set for Thursday, September 19 at 3:30 p.m. to hear argument on any such discovery disputes and on Plaintiffs' Motion to Sever (D.I. 155). Counsel for Plaintiffs shall initiate the call to (302) 573-4571. ORDERED by Judge Leonard P. Stark on 9/12/19. (ntl) (Entered: 09/12/2019)
9/11/2019 STATUS REPORT by Cirba IP, Inc.. (Dorsney, Kenneth) (Entered: 09/11/2019)
9/10/2019REDACTED VERSION of 165 Declaration by VMware, Inc.. (Attachments: # 1 Exhibit 1-9)(Gaza, Anne) (Entered: 09/10/2019)
9/10/2019REDACTED VERSION of 164 Answering Brief in Opposition by VMware, Inc.. (Gaza, Anne) (Entered: 09/10/2019)
9/9/2019CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (cak) (Entered: 09/09/2019)
9/9/2019SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 11/6/2019. Status Report due by 9/11/2019. A Markman Hearing is set for 11/1/2019 at 04:00 PM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 12/23/2019. A Final Pretrial Conference is set for 1/3/2020 at 11:00 AM in Courtroom 6B before Judge Leonard P. Stark. A 10-day Jury Trial is set for 1/13/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 9/6/19. (ntl) (Entered: 09/09/2019)
9/6/2019NOTICE OF SERVICE of 1) VMware, Inc.'s Second Set of Post-Preliminary Injunction Hearing Requests for Production to Plaintiffs/Counter-Defendants Nos. 112-168, and 2) VMware, Inc.'s Second Set of Post-Preliminary Injunction Hearing Interrogatories to Plaintiffs/Counter-Defendants Nos. 12-16 filed by VMware, Inc..(Vrana, Robert) (Entered: 09/06/2019)
9/6/2019NOTICE OF SERVICE of VMware, Inc.'s Initial Infringement Claim Charts filed by VMware, Inc..(Vrana, Robert) (Entered: 09/06/2019)
9/6/2019NOTICE OF SERVICE of Defendant VMware's Disclosures Pursuant to Section 3 of the Default Standard for Discovery filed by VMware, Inc..(Vrana, Robert) (Entered: 09/06/2019)
9/6/2019NOTICE OF SERVICE of (1)AMENDED INITIAL RULE 26(a)(1) DISCLOSURES (2) PARAGRAPH 3 DISCLOSURES (3) INITIAL INFRINGEMENT CONTENTIONS filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/06/2019)
9/6/2019 REPLY BRIEF re 155 MOTION to Sever Defendants' Patent Infringement Counterclaims filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 09/06/2019)
9/6/2019REDACTED VERSION of 161 MOTION to Redact 138 Transcript,, by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 09/06/2019)
9/5/2019NOTICE requesting Clerk to remove Jennifer Luh as co-counsel.. (Gaza, Anne) (Entered: 09/05/2019)
9/5/2019NOTICE OF SERVICE of 1) Defendant's Response to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Interrogatories (Nos. 1-15) and 2) VMware Inc.'s Response to Plaintiffs' First Set of Post-Preliminary Injunction Hearing Requests for Production of Documents and Things (Nos. 1-56) filed by VMware, Inc..(Gaza, Anne) (Entered: 09/05/2019)
9/3/2019[SEALED] DECLARATION re 164 Answering Brief in Opposition - Declaration of Richard S.J. Hung - by VMware, Inc.. (Attachments: # 1 Exhibit 1-9)(Gaza, Anne) (Entered: 09/03/2019)
9/3/2019[SEALED] ANSWERING BRIEF in Opposition re 155 MOTION to Sever Defendants' Patent Infringement Counterclaims filed by VMware, Inc..Reply Brief due date per Local Rules is 9/10/2019. (Gaza, Anne) (Entered: 09/03/2019)
9/3/2019NOTICE OF SERVICE of (1) Densify's responses to VMware's First Set of Post-Preliminary Injunction Hearing Interrogatories; and (2) Densify's responses to VMware's First Set of Post-Preliminary Injunction Hearing Requets for Production filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 09/03/2019)
8/30/2019 NOTICE of by VMware, Inc. re 138 Transcript,, 161 MOTION to Redact 138 Transcript,, Notice of Intent to Oppose Motion for Redaction (Wilson, Samantha) (Entered: 08/30/2019)
8/30/2019[SEALED] MOTION to Redact 138 Transcript,, - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/30/2019)
8/29/2019SO ORDERED, re 160 Stipulation and Order to Set Briefing Schedule -- Motion terminated: 157 MOTION to Expedite briefing on motion to sever. Signed by Judge Leonard P. Stark on 8/29/19. (ntl) (Entered: 08/29/2019)
8/28/2019 STIPULATION and [Proposed] Order to Set Briefing Schedule re 159 Order, 157 MOTION to Expedite briefing on motion to sever by VMware, Inc.. (Gaza, Anne) (Entered: 08/28/2019)
8/28/2019159ORAL ORDER: In light of the expedited trial schedule in this matter, IT IS HEREBY ORDERED that Defendant shall file any response to Plaintiffs' Motion to Expedite Briefing on Their Motion to Sever (D.I. 157) no later than August 29 at 9:00 a.m. Plaintiffs shall file any reply no later than August 29 at 12:00 p.m. ORDERED by Judge Leonard P. Stark on 8/28/19. (ntl) (Entered: 08/28/2019)
8/27/2019NOTICE OF SERVICE of VMware's production pursuant to Paragraph 8(c) of [Proposed] Scheduling Order filed by VMware, Inc..(Wilson, Samantha) (Entered: 08/27/2019)
8/27/2019 MOTION to Expedite briefing on motion to sever - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/27/2019)
8/27/2019 OPENING BRIEF in Support re 155 MOTION to Sever Defendants' Patent Infringement Counterclaims filed by Cirba IP, Inc., Cirba Inc..Answering Brief/Response due date per Local Rules is 9/10/2019. (Dorsney, Kenneth) (Entered: 08/27/2019)
8/27/2019 MOTION to Sever Defendants' Patent Infringement Counterclaims - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/27/2019)
8/21/2019154MULTI MEDIA DOCUMENT filed by VMware, Inc. in the form of a DVD. Filing related to 150 Answer to Amended Complaint, 151 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (ntl) (Entered: 08/22/2019)
8/20/2019NOTICE OF SERVICE of 1) Defendant VMware, Inc.'s First Set of Post-Preliminary Injunction Hearing Requests for Production to Plaintiffs Nos. 1-110; 2) Defendant VMware, Inc.'s First Set of Post-Preliminary Injunction Hearing Interrogatories to Plaintiffs Nos. 1-11; and 3) VMware, Inc.'s Identification of Asserted Patents, Accused Products, Damages Model, and Prosecution File Histories filed by VMware, Inc..(Wilson, Samantha) (Entered: 08/20/2019)
8/20/2019Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,875,266 B2 ;US 10,069,752 B2 ;US 8,336,049 B2 ;US 9,521,151 B2 . (Gaza, Anne) (Entered: 08/20/2019)
8/20/2019NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibits 9, 22, 28, 29, 36 and 42 to VMware's Answer and Counterclaims to Cirba's First Amended Complaint (D.I. 150). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Anne Shea Gaza on behalf of VMware, Inc. (Gaza, Anne) (Entered: 08/20/2019)
8/20/2019ANSWER to Amended Complaint, re: 68 Amended Complaint with Jury Demand , COUNTERCLAIM against Cirba IP, Inc., Cirba Inc. by VMware, Inc.. (Attachments: # 1 Exhibit 1-15, # 2 Exhibit 16-30, # 3 Exhibit 31-45, # 4 Exhibit 46-60)(Gaza, Anne) (Entered: 08/20/2019)
8/19/2019REDACTED VERSION of 148 Notice (Other) - Notice of Lodging - by VMware, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gaza, Anne) (Entered: 08/19/2019)
8/19/2019[SEALED] NOTICE of Lodging by VMware, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gaza, Anne) (Entered: 08/19/2019)
8/19/2019NOTICE OF SERVICE of Paragraph 4a Disclosures - Initial Identification of Patents Products and Damages Model filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 08/19/2019)
8/16/2019NOTICE OF SERVICE of Defendant VMware, Inc.'s Rule 26(a)(1) Initial Disclosures filed by VMware, Inc..(Wilson, Samantha) (Entered: 08/16/2019)
8/16/2019NOTICE OF SERVICE of Initial Disclosures Pursuant to F.R.C.P. 26(a)(1) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 08/16/2019)
8/14/2019NOTICE OF SERVICE of (1) Plaintiffs' First Set of Post-Preliminary Injunction Hearing Interrogatories to VMware (Nos. 1-15); and (2) Plaintiffs' First Set of Post-Preliminary Injunction Hearing Requests for Production to VMware (Nos. 1-56) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 08/14/2019)
8/13/2019REDACTED VERSION of 136 Letter, by VMware, Inc.. (Attachments: # 1 Exhibit 1-6)(Gaza, Anne) (Entered: 08/13/2019)
8/13/2019NOTICE requesting Clerk to remove Phillip Lee as co-counsel.. (Dorsney, Kenneth) (Entered: 08/13/2019)
8/12/2019REDACTED VERSION of 129 Declaration of Jennifer Estremera by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/12/2019)
8/12/2019REDACTED VERSION of 128 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's letter brief regarding motion to strike by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/12/2019)
8/9/2019 PROPOSED ORDER Scheduling Order by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/09/2019)
8/9/2019[SEALED] Official Transcript of Preliminary Injunction Hearing held on August 6, 2019 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone number (302) 573-6360. (bpg) Modified on 2/11/2020 (ntl). (Entered: 08/09/2019)
8/7/2019137ORAL ORDER: For the reasons stated in Court at the conclusion of the hearing yesterday, IT IS HEREBY ORDERED that: (i) Plaintiffs' Motion for Preliminary Injunction (D.I. 11) is DENIED, (ii) Defendant's Motion to Dismiss Claim I of the First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. § 101 (D.I. 79) is DENIED, and (iii) Defendant's Motion to Strike Plaintiffs' Supplemental Declaration of Dr. Vijay Madisetti (D.I. 113) is DENIED. Defendant's Motion to Dismiss Claim I of the Complaint (D.I. 46) is DENIED AS MOOT in light of Plaintiffs' filing of the First Amended Complaint. (D.I. 68) The parties shall meet and confer and, no later than August 9, submit a proposed schedule, which shall include the following: pretrial order due December 23, 2019; pretrial conference on January 3, 2020 at 11:00 a.m.; and trial to occur between January 13 and 24, 2020 (the parties shall include their requested number of trial days in the proposed schedule). ORDERED by Judge Leonard P. Stark on 8/7/19. (ntl) (Entered: 08/07/2019)
8/6/2019Minute Entry for proceedings held before Judge Leonard P. Stark - Motion Hearing held on 8/6/2019 (Court Reporter B. Gaffigan.) (ntl) (Entered: 08/08/2019)
8/6/2019[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Reply Letter in Support of VMware's Motion to Strike Supplemental Declaration of Dr. Vijay Madisetti - re 113 MOTION to Strike 107 Declaration, 106 Declaration - Supplemental Declaration of Dr. Vijay Madisetti. (Attachments: # 1 Exhibits 1 through 6)(Gaza, Anne) (Entered: 08/06/2019)
8/5/2019REDACTED VERSION of 117 Declaration by VMware, Inc.. (Attachments: # 1 Exhibit 1-11)(Gaza, Anne) (Entered: 08/05/2019)
8/5/2019REDACTED VERSION of 116 Declaration by VMware, Inc.. (Gaza, Anne) (Entered: 08/05/2019)
8/5/2019REDACTED VERSION of 115 Reply Brief by VMware, Inc.. (Gaza, Anne) (Entered: 08/05/2019)
8/5/2019REDACTED VERSION of 114 Letter, by VMware, Inc.. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 08/05/2019)
8/5/2019REDACTED VERSION of 119 Declaration of Phillip Lee by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/05/2019)
8/5/2019REDACTED VERSION of 118 Response to Order by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/05/2019)
8/5/2019[SEALED] DECLARATION re 128 Letter (Declaration of Jennifer Estremera) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 08/05/2019)
8/5/2019[SEALED] Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Motion to Strike - re 114 Letter,. (Dorsney, Kenneth) (Entered: 08/05/2019)
8/1/2019SO ORDERED, re 111 Stipulated Protective Order. Signed by Judge Leonard P. Stark on 8/1/19. (ntl) (Entered: 08/01/2019)
7/31/2019REDACTED VERSION of 109 Declaration by VMware, Inc.. (Attachments: # 1 Exhibit 25-47)(Gaza, Anne) (Entered: 07/31/2019)
7/31/2019REDACTED VERSION of 108 Answering Brief in Opposition by VMware, Inc.. (Gaza, Anne) (Entered: 07/31/2019)
7/31/2019REDACTED VERSION of 107 Declaration of Vijay Madisetti Vol. II by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/31/2019)
7/31/2019REDACTED VERSION of 106 Declaration of Vijay Madisetti Vol. I by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7)(Dorsney, Kenneth) (Entered: 07/31/2019)
7/31/2019REDACTED VERSION of 103 Response to Order, Plaintiffs' Opening Pre-Hearing Brief in support of Motion for Preliminary Injunction by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/31/2019)
7/31/2019REDACTED VERSION of 105 Declaration, (Redacted Declaration of Phillip Lee Vol. II) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/31/2019)
7/31/2019REDACTED VERSION of 104 Declaration, ( redacted declaration of Phillip Lee Vol. I) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/31/2019)
7/31/2019Pro Hac Vice Attorney Ariel Green for Cirba IP, Inc. and Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 07/31/2019)
7/31/2019120ORAL ORDER: IT IS HEREBY ORDERED that the hearing on August 6 will begin at 9:00 a.m. ORDERED by Judge Leonard P. Stark on 7/31/19. (ntl) (Entered: 07/31/2019)
7/29/2019[SEALED] DECLARATION re 118 Response to Order (Declaration of Phillip Lee) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibit A-J, # 2 Exhibit K-N)(Dorsney, Kenneth) (Entered: 07/29/2019)
7/29/2019[SEALED] RESPONSE to Order re 38 Order,,,,,, Set Hearings,,,,, (Response to VMware's supplemental brief). (Dorsney, Kenneth) (Entered: 07/29/2019)
7/29/2019[SEALED] DECLARATION re 115 Reply Brief - Declaration of Richard S.J. Hung - by VMware, Inc.. (Attachments: # 1 Exhibit 1 - 11)(Gaza, Anne) (Entered: 07/29/2019)
7/29/2019[SEALED] Second DECLARATION re 115 Reply Brief - Declaration of Chandra Prathuri - by VMware, Inc.. (Gaza, Anne) (Entered: 07/29/2019)
7/29/2019[SEALED] Supplemental REPLY BRIEF re 11 MOTION for Preliminary Injunction - Reply Brief in Opposition - filed by VMware, Inc.. (Gaza, Anne) (Entered: 07/29/2019)
7/29/2019[SEALED] Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Opening Letter Brief in Support of VMware's Motion to Strike - re 113 MOTION to Strike 107 Declaration, 106 Declaration - Supplemental Declaration of Dr. Vijay Madisetti. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 07/29/2019)
7/29/2019Pro Hac Vice Attorney Gary J. Toman for Cirba IP, Inc., for Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 07/29/2019)
7/29/2019 MOTION to Strike 107 Declaration, 106 Declaration - Supplemental Declaration of Dr. Vijay Madisetti - filed by VMware, Inc.. (Attachments: # 1 VMware's D. Del. LR 7.1.1 Certification, # 2 Text of Proposed Order)(Gaza, Anne) (Entered: 07/29/2019)
7/29/2019NOTICE OF SERVICE of VMware, Inc.'s First Supplemental Responses to Plaintiffs' First Set of Interrogatories to Defendant (Nos. 1-10) filed by VMware, Inc..(Wilson, Samantha) (Entered: 07/29/2019)
7/26/2019SO ORDERED, re 102 Stipulation and Order for Leave to File Under Seal filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 7/26/19. (ntl) (Entered: 07/26/2019)
7/26/2019 PROPOSED ORDER - Proposed Protective Order by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/26/2019)
7/25/2019110ORAL ORDER: Having reviewed the parties' filings regarding the disputed provision in the proposed protective order (D.I. 98, 100), IT IS HEREBY ORDERED that: (i) each party shall, if requested, provide up to two printouts of portions of sourcecode, subject to all of the other limitations and restrictions already agreed to by the parties; and (ii) the parties shall, no later than July 26 at 10:00 a.m., file a revised proposed protective order consistent with today's ruling. The Court finds that Densify's proposal of two printouts of sourcecode is more reasonable than VMware's proposal of just one copy, particularly as this will aid the parties' preparation (and therefore the Court) for the upcoming preliminary injunction hearing and does not unduly threaten the security of sourcecode given the totality of precautions to which the parties have agreed. ORDERED by Judge Leonard P. Stark on 7/25/19. (ntl) (Entered: 07/25/2019)
7/24/2019[SEALED] Supplemental DECLARATION re 108 Answering Brief in Opposition - Declaration of Jennifer Luh - by VMware, Inc.. (Attachments: # 1 Exhibit 25-30, # 2 Exhibit 31-38, # 3 Exhibit 39, # 4 Exhibit 40-47)(Gaza, Anne) (Entered: 07/24/2019)
7/24/2019[SEALED] Supplemental ANSWERING BRIEF in Opposition re 11 MOTION for Preliminary Injunction filed by VMware, Inc..Reply Brief due date per Local Rules is 7/31/2019. (Gaza, Anne) (Entered: 07/24/2019)
7/24/2019[SEALED] DECLARATION re 103 Response to Order, Supplemental Declaration of Dr. Vijay Madisetti (Vol. II) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibits 8 - 34)(Dorsney, Kenneth) (Entered: 07/24/2019)
7/24/2019[SEALED] DECLARATION re 103 Response to Order, Supplemental Declaration of Dr. Vijay Madisetti (Vol. I) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibits 1 - 4, # 2 Exhibit 5, # 3 Exhibits 6 - 7)(Dorsney, Kenneth) (Entered: 07/24/2019)
7/24/2019[SEALED] DECLARATION re 103 Response to Order, Declaration of Phillip Lee in support of Plaintiffs' Pre-Hearing Brief in support of its Motion for Preliminary Injunction (Vol. II) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibits 72 - 98)(Dorsney, Kenneth) (Entered: 07/24/2019)
7/24/2019[SEALED] DECLARATION re 103 Response to Order, Declaration of Phillip Lee in support of Plaintiffs' Pre-Hearing Brief in support of its Motion for Preliminary Injunction (Vol. I) by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Exhibits 1 - 64, # 2 Exhibits 65 - 71)(Dorsney, Kenneth) (Entered: 07/24/2019)
7/24/2019[SEALED] RESPONSE to Order re 38 Order,,,,,, Set Hearings,,,,, Plainiffs' Pre-Hearing Brief in support of its Motion for Preliminary Injunction (Post-Discovery Supplemental Brief) filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/24/2019)
7/24/2019 STIPULATION and [Proposed] Order for Leave to File Under Seal by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/24/2019)
7/23/2019 REPLY BRIEF re 79 MOTION to Dismiss for Failure to State a Claim and Pursuant to 35 U.S.C. § 101 as to Claim 1 of the First Amended Complaint filed by VMware, Inc.. (Gaza, Anne) (Entered: 07/23/2019)
7/19/2019 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding Defendant's response to Plaintiffs' July 18, 2019 letter - re 98 Letter. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 07/19/2019)
7/19/2019SO ORDERED, re 96 MOTION for Pro Hac Vice Appearance of Attorney Gary J. Toman filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 7/19/19. (ntl) (Entered: 07/19/2019)
7/18/2019NOTICE OF SERVICE of Plaintiffs' Second Amended and Supplemental Responses to Defendant's First Set of Interrogatories (Preliminary Injunction) Nos. 1-15 filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 07/18/2019)
7/18/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding Plaintiffs' initial dispute letter for source code printouts and protective order. (Dorsney, Kenneth) (Entered: 07/18/2019)
7/18/2019NOTICE of Change of Address by Kenneth Laurence Dorsney (Dorsney, Kenneth) (Entered: 07/18/2019)
7/18/2019MOTION for Pro Hac Vice Appearance of Attorney Gary J. Toman - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/18/2019)
7/17/2019NOTICE OF SERVICE of 1) VMware, Inc.'s Second Amended Responses to Plaintiffs' First Set of Interrogatories to Defendant (Nos. 1-10); 2) VMware, Inc.'s First Amended Responses to Plaintiffs' Second Set of Interrogatories to VMware (Nos. 11-15), and 3) the accompanying Verification filed by VMware, Inc..(Gaza, Anne) (Entered: 07/17/2019)
7/17/2019NOTICE OF SERVICE of Erik Wrobel's Responses to Plaintiff's Requests for Production of Documents and Things (Nos. 1-13) filed by VMware, Inc..(Wilson, Samantha) (Entered: 07/17/2019)
7/17/2019NOTICE OF SERVICE of VMware, Inc.'s First Amended Responses to Plaintiffs' First Set of Interrogatories to Defendant (Nos. 1-10) filed by VMware, Inc..(Wilson, Samantha) (Entered: 07/17/2019)
7/17/201992ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter (D.I. 89), IT IS HEREBY ORDERED that not later than July 18, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than July 19, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. After reviewing the letter submissions, the Court may schedule a teleconference. ORDERED by Judge Leonard P. Stark on 7/17/19. (ntl) (Entered: 07/17/2019)
7/16/2019 ANSWERING BRIEF in Opposition re 79 MOTION to Dismiss for Failure to State a Claim and Pursuant to 35 U.S.C. § 101 as to Claim 1 of the First Amended Complaint filed by Cirba IP, Inc., Cirba Inc..Reply Brief due date per Local Rules is 7/23/2019. (Dorsney, Kenneth) (Entered: 07/16/2019)
7/16/2019SO ORDERED, re 88 MOTION for Pro Hac Vice Appearance of Attorney Ariel C. Green filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 7/16/19. (ntl) (Entered: 07/16/2019)
7/15/2019NOTICE OF SERVICE of Plaintiffs' Amended and Supplemental Responses to Defendant's First Set of Interrogatories (Preliminary Injunction) to Plaintiffs (Nos. 1-15) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 07/15/2019)
7/12/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding request for the scheduling of a discovery teleconference. (Dorsney, Kenneth) (Entered: 07/12/2019)
7/12/2019MOTION for Pro Hac Vice Appearance of Attorney Ariel C. Green - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 07/12/2019)
7/11/2019NOTICE OF SERVICE of 1) VMware, Inc.'s Responses to Plaintiffs' Second Set of Interrogatories to VMware (Nos. 11-15), and 2) VMware, Inc.'s Responses to Plaintiffs' Second Set of Requests for Production of Documents and Things to VMware (Nos. 22-27) filed by VMware, Inc..(Wilson, Samantha) (Entered: 07/11/2019)
7/10/2019NOTICE OF SERVICE of VMware, Inc.'s Response to Plaintiffs' Amended Notice of Deposition to Defendant filed by VMware, Inc..(Wilson, Samantha) (Entered: 07/10/2019)
7/9/2019NOTICE OF SERVICE of (1) Plaintiffs' Amended 30(b)(6) Deposition Notice of VMware; (2) Plaintiffs' Amended Notice to Take Deposition of Ajay Singh; (3) Plaintiffs' Amended Notice to Take Deposition of Chandra Prathuri; (4) Plaintiffs' Amended Notice to Take Deposition of Erik Wrobel; and (5) Plaintiffs' Amended Notice to Take Deposition of Jason Nieh filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 07/09/2019)
7/8/2019SO ORDERED, re 84 MOTION for Pro Hac Vice Appearance of Attorney Jayson L. Cohen, Diek O. Van Nort, Daniel C. Hubin, and Justin Jeffery Sorensen filed by VMware, Inc. Signed by Judge Leonard P. Stark on 7/8/19. (ntl) (Entered: 07/08/2019)
7/8/2019MOTION for Pro Hac Vice Appearance of Attorney Jayson L. Cohen, Diek O. Van Nort, Daniel C. Hubin, and Justin Jeffery Sorensen - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 07/08/2019)
7/3/2019NOTICE to Take Deposition of Andrew Hillier on July 17, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 07/03/2019)
7/3/2019NOTICE to Take Deposition of Vijay Madisetti on July 12, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 07/03/2019)
7/3/2019NOTICE to Take Deposition of Riyaz Somani on July 9, 2019 (Amended) filed by VMware, Inc..(Wilson, Samantha) (Entered: 07/03/2019)
7/2/2019 OPENING BRIEF in Support re 79 MOTION to Dismiss for Failure to State a Claim and Pursuant to 35 U.S.C. § 101 as to Claim 1 of the First Amended Complaint filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 7/16/2019. (Attachments: # 1 Exhibit A and B)(Gaza, Anne) (Entered: 07/02/2019)
7/2/2019 MOTION to Dismiss for Failure to State a Claim and Pursuant to 35 U.S.C. § 101 as to Claim 1 of the First Amended Complaint - filed by VMware, Inc.. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 07/02/2019)
6/28/2019NOTICE OF SERVICE of Plaintiffs' Amended 30(b)(6) Deposition Notice of VMware, Inc. filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/28/2019)
6/27/2019 NOTICE of Deposition and Subpoena of Erik Wrobel by Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) (Entered: 06/27/2019)
6/27/2019NOTICE OF SERVICE of (1) Plaintiffs' Second Set of Interrogatories to VMware (Nos. 11-15); and (2) Plaintiffs' Second Set of Requests for Production to VMware (Nos. 22-27) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/27/2019)
6/26/2019NOTICE OF SERVICE of Plaintiffs' responses to VMware, Inc.'s Second Set of Requests for Production (Preliminary Injunction) (Nos. 51-71) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/26/2019)
6/25/2019NOTICE OF SERVICE of 1) VMware, Inc.'s Responses to Plaintiffs' Requests for Production of Documents and Things to Defendant (Nos. 1-21), and 2) VMware, Inc.'s Responses to Plaintiffs' First Set of Interrogatories to Defendant (Nos. 1-10) filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/25/2019)
6/25/2019 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate EMC Corporation, Other Affiliate Dell Inc., Other Affiliate Denali Intermediate Inc., Other Affiliate Dell Technologies Inc., Other Affiliate VWM Holdco LLC for VMware, Inc. filed by VMware, Inc.. (Wilson, Samantha) (Entered: 06/25/2019)
6/25/2019NOTICE OF SERVICE of Plaintiffs' Objections and Responses to VMware, Inc.'s 30(b)(6) Deposition Notice to Plaintiffs filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/25/2019)
6/24/2019NOTICE OF SERVICE of (1) Densify's responses to Defendant's First Set of Interrogatories (Preliminary Injunction) Nos. 1-15; and (2) Densify's responses to Defendant's First Set of Requests for Production (Preliminary Injunction) Nos. 1-50) filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/24/2019)
6/20/2019Pro Hac Vice Attorney Wesley Lanier White for Cirba IP, Inc., for Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 06/20/2019)
6/19/201970MULTI MEDIA DOCUMENT filed by Cirba IP, Inc., Cirba Inc. in the form of a DVD. Filing related to 68 Amended Complaint, 69 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (ntl) (Entered: 06/20/2019)
6/18/2019NOTICE of filing the following Non-Paper material(s) in multi media format: DVD containing videos cited in Plaintiffs' Complaint as Exhibits 31-36. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kenneth Laurence Dorsney on behalf of All Plaintiffs (Dorsney, Kenneth) (Entered: 06/18/2019)
6/18/2019First AMENDED COMPLAINT against All Defendants - filed by Cirba Inc., Cirba IP, Inc..(Dorsney, Kenneth) (Entered: 06/18/2019)
6/18/2019SO ORDERED, re 67 MOTION for Pro Hac Vice Appearance of Attorney Wesley Lanier White filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 6/18/19. (ntl) (Entered: 06/18/2019)
6/18/2019Pro Hac Vice Attorney Kate M. Falkenstien for Cirba IP, Inc. and Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) (Entered: 06/18/2019)
6/17/2019MOTION for Pro Hac Vice Appearance of Attorney Wesley Lanier White - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 06/17/2019)
6/14/2019REDACTED VERSION of 49 Declaration of Jennifer Luh by VMware, Inc.. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-24)(Gaza, Anne) (Entered: 06/14/2019)
6/14/2019REDACTED VERSION of 52 Declaration of Ajay Singh by VMware, Inc.. (Gaza, Anne) (Entered: 06/14/2019)
6/14/2019REDACTED VERSION of 51 Declaration of Chandra Prathuri by VMware, Inc.. (Attachments: # 1 Exhibit 1)(Gaza, Anne) (Entered: 06/14/2019)
6/14/2019REDACTED VERSION of 48 Answering Brief in Opposition by VMware, Inc.. (Gaza, Anne) (Entered: 06/14/2019)
6/13/2019NOTICE OF SERVICE of 1) Defendant VMware, Inc.'s Second Set of Requests for Production (Preliminary Injunction) to Plaintiffs Nos. 51-71; 2) Defendant VMware, Inc.'s Notice of 30(b)(6) Deposition (Preliminary Injunction); 3) Defendant VMware, Inc.'s Notice of Deposition of Riyaz Somani (Preliminary Injunction); 4) Defendant VMware, Inc.'s Notice of Deposition of Andrew Hillier (Preliminary Injunction); and 5) Defendant VMware, Inc.'s Notice of Deposition of Vijay Madisetti (Preliminary Injunction) filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/13/2019)
6/13/2019NOTICE to Take Deposition of Jason Nieh filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/13/2019)
6/13/2019NOTICE to Take Deposition of Chandra Prathuri filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/13/2019)
6/13/2019NOTICE to Take Deposition of Ajay Singh filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/13/2019)
6/12/2019SO ORDERED, re 58 MOTION for Pro Hac Vice Appearance of Attorney Kate Falkenstien filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 6/12/19. (ntl) (Entered: 06/12/2019)
6/12/2019SO ORDERED, re 43 STIPULATION to Extend Page Limit for VMware's Response to Plaintiffs' Motion for a Preliminary Injunction and for Leave to File Under Seal filed by VMware, Inc. Signed by Judge Leonard P. Stark on 6/12/19. (ntl) (Entered: 06/12/2019)
6/11/2019MOTION for Pro Hac Vice Appearance of Attorney Kate Falkenstien - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 06/11/2019)
6/11/2019NOTICE OF SERVICE of 1) Defendant VMware, Inc.'s First Set of Requests for Production (Preliminary Injunction) to Plaintiffs Nos. 1-50, and 2) Defendant VMware, Inc.'s First Set of Interrogatories (Preliminary Injunction) to Plaintiffs Nos. 1-15 filed by VMware, Inc..(Wilson, Samantha) (Entered: 06/11/2019)
6/10/2019 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding VMware's withdrawal of request to reschedule the August 6 hearing - re 53 Letter, 44 Letter. (Gaza, Anne) (Entered: 06/10/2019)
6/10/2019NOTICE OF SERVICE of (1) First Set of Interrogatories and (2) First Set of Requsts for Production filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/10/2019)
6/10/2019NOTICE to Take Deposition of VMware, Inc. filed by Cirba IP, Inc., Cirba Inc..(Dorsney, Kenneth) (Entered: 06/10/2019)
6/10/2019 Letter to The Honorable Leonard P. Stark from Kenneth L. Dorsney regarding response to VMware's June 7, 2019 letter requesting rescheduling of August 6 hearing. (Dorsney, Kenneth) (Entered: 06/10/2019)
6/7/2019[SEALED] DECLARATION re 48 Answering Brief in Opposition - Declaration of Ajay Singh - by VMware, Inc.. (Gaza, Anne) (Entered: 06/07/2019)
6/7/2019[SEALED] DECLARATION re 48 Answering Brief in Opposition - Declaration of Chandra Prathuri - by VMware, Inc.. (Attachments: # 1 Exhibit 1)(Gaza, Anne) (Entered: 06/07/2019)
6/7/2019 DECLARATION re 48 Answering Brief in Opposition - Declaration of Dr. Jason Nieh - by VMware, Inc.. (Attachments: # 1 Table of Exhibits, # 2 Exhibit 1-10, # 3 Exhibit 11-20, # 4 Exhibit 21-30, # 5 Exhibit 31-38)(Gaza, Anne) (Entered: 06/07/2019)
6/7/2019[SEALED] DECLARATION re 48 Answering Brief in Opposition - Declaration of Jennifer Luh - by VMware, Inc.. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-24)(Gaza, Anne) (Entered: 06/07/2019)
6/7/2019[SEALED] ANSWERING BRIEF in Opposition re 11 MOTION for Preliminary Injunction filed by VMware, Inc..Reply Brief due date per Local Rules is 6/14/2019. (Gaza, Anne) (Entered: 06/07/2019)
6/7/2019 OPENING BRIEF in Support re 46 MOTION to Dismiss for Failure to State a Claim and Pursuant to 35 U.S.C. § 101 as to Claim 1 of the Complaint filed by VMware, Inc..Answering Brief/Response due date per Local Rules is 6/21/2019. (Attachments: # 1 Exhibit A-C)(Gaza, Anne) (Entered: 06/07/2019)
6/7/2019 MOTION to Dismiss for Failure to State a Claim and Pursuant to 35 U.S.C. § 101 as to Claim 1 of the Complaint - filed by VMware, Inc.. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 06/07/2019)
6/7/2019CORRECTING ENTRY: Corrected document added to D.I. 45 per request of counsel. (ntl) (Entered: 06/07/2019)
6/7/2019 DECLARATION re 44 Letter // DECLARATION of Brooks M. Beard in Support of VMware's Letter to The Honorable Leonard P. Stark Regarding Rescheduling August 6 Hearing by VMware, Inc.. (Gaza, Anne) (Main Document 45 replaced on 6/7/2019) (ntl). (Entered: 06/07/2019)
6/7/2019 Letter to The Honorable Leonard P. Stark from Anne Shea Gaza regarding rescheduling of the August 6th hearing - re 38 Order,,,,,, Set Hearings,,,,,. (Attachments: # 1 Exhibit A)(Gaza, Anne) (Entered: 06/07/2019)
6/7/2019 STIPULATION to Extend Page Limit for VMware's Response to Plaintiffs' Motion for a Preliminary Injunction and for Leave to File Under Seal by VMware, Inc.. (Wilson, Samantha) (Entered: 06/07/2019)
6/4/2019Pro Hac Vice Attorney Elizabeth Ann Patterson for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 06/04/2019)
6/4/2019SO ORDERED, re 41 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Ann Patterson filed by VMware, Inc. Signed by Judge Leonard P. Stark on 6/4/19. (ntl) (Entered: 06/04/2019)
6/4/2019NOTICE requesting Clerk to remove Christopher J. Wiener as co-counsel.. (Wilson, Samantha) (Entered: 06/04/2019)
5/29/2019MOTION for Pro Hac Vice Appearance of Attorney Elizabeth Ann Patterson - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 05/29/2019)
5/28/2019ORDER re 36 MOTION to File Reply Brief in support of Plaintiffs' Motion for Expedited Discovery Under Seal filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 5/28/19. (ntl) (Entered: 05/28/2019)
5/24/2019REDACTED VERSION of 37 Reply Brief In support of motion for hearing and expedited discovery by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/24/2019)
5/22/201938ORAL ORDER: Having reviewed the parties' briefing (D.I. 16, 17, 34, 37), IT IS HEREBY ORDERED that Defendant shall, no later than June 7, file a brief in response to the motion for preliminary injunction (D.I. 11), sufficient to allow the parties and the Court to understand what disputes may need to be resolved in connection with Plaintiffs' motion. IT IS FURTHER ORDERED that Plaintiffs' Motion for Hearing and Expedited Discovery (D.I. 16) is GRANTED. Accordingly, the parties shall: (1) conduct expedited discovery from June 10 to July 17, which shall include: (i) written discovery, with responses due 14 days after service, (ii) one Rule 30(b)(6) deposition each, and (iii) depositions of the other party's declarants (as well as Ajay Singh) and/or other relevant third parties; (2) no later than July 24, simultaneously submit post-discovery supplemental briefing not to exceed 10 pages (double spaced); and (3) no later than July 29, simultaneously submit reply briefing not to exceed 5 pages (double spaced). If Defendant files its proposed motion to dismiss, briefing shall proceed in accordance with the local rules, and in that event Defendant's motion will be argued at the same hearing as Plaintiff's motion. The Court will hold a hearing on Tuesday, August 6 at 10:00 a.m. Each side will be allocated two (2) hours for its presentation. ORDERED by Judge Leonard P. Stark on 5/22/19. (ntl) (Entered: 05/22/2019)
5/21/2019SO ORDERED, re 35 Stipulation and Order filed by VMware, Inc. Signed by Judge Leonard P. Stark on 5/20/19. (ntl) (Entered: 05/21/2019)
5/17/2019[SEALED] REPLY BRIEF re 16 MOTION for Hearing and Expedited Discovery filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/17/2019)
5/17/2019 MOTION to File Reply Brief in support of Plaintiffs' Motion for Expedited Discovery Under Seal - filed by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 Text of Proposed Order)(Dorsney, Kenneth) (Entered: 05/17/2019)
5/17/2019 STIPULATION and [Proposed] Order extending VMwares deadline to file an opposition to Cirbas Motion for a Preliminary Injunction to May 30, 2019, or such other date that the Court may order by VMware, Inc.. (Wilson, Samantha) (Entered: 05/17/2019)
5/15/2019 RESPONSE to Motion re 16 MOTION for Hearing and Expedited Discovery filed by VMware, Inc.. (Gaza, Anne) (Entered: 05/15/2019)
5/14/2019SO ORDERED, re 33 Joint STIPULATION TO EXTEND TIME for Defendant to move against, answer, or otherwise plead in response to Plaintiffs' Complaint to June 17, 2019 filed by VMware, Inc. Signed by Judge Leonard P. Stark on 5/14/19. (ntl) (Entered: 05/14/2019)
5/10/2019Joint STIPULATION TO EXTEND TIME for Defendant to move against, answer, or otherwise plead in response to Plaintiffs' Complaint to June 17, 2019 - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 05/10/2019)
5/10/201932ORAL ORDER: Having reviewed Plaintiff's motions and related materials (see D.I. 11-17), IT IS HEREBY ORDERED that: (i) no later than Wednesday, May 15, Defendants shall file their response to Plaintiff's motion for expedited discovery and their proposal for how this case should proceed; and (ii) no later than Friday, May 17, Plaintiff shall file a reply. The Court will determine thereafter whether a teleconference or other proceeding is required. ORDERED by Judge Leonard P. Stark on 5/10/19. (ntl) (Entered: 05/10/2019)
5/9/2019SO ORDERED, re 29 MOTION for Pro Hac Vice Appearance of Attorney Scott F. Llewellyn filed by VMware, Inc. Signed by Judge Leonard P. Stark on 5/9/19. (ntl) (Entered: 05/09/2019)
5/9/201931MULTI MEDIA DOCUMENT filed by Cirba IP, Inc., Cirba Inc. in the form of a DVD. Filing related to 11 MOTION for Preliminary Injunction , 12 Opening Brief in Support, 13 Declaration, 14 Declaration, 18 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (ntl) (Entered: 05/09/2019)
5/9/2019SO ORDERED, re 10 MOTION and [Proposed] Order for Page Limit Extension filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 5/8/19. (ntl) (Entered: 05/09/2019)
5/9/2019ORDER re 9 MOTION for Leave to File Under Seal filed by Cirba Inc., Cirba IP, Inc. Signed by Judge Leonard P. Stark on 5/8/19. (ntl) (Entered: 05/09/2019)
5/9/2019Pro Hac Vice Attorney Christopher J. Wiener for VMware, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (amf) (Entered: 05/09/2019)
5/8/2019Pro Hac Vice Attorney Christine E. Lehman for Cirba IP, Inc., for Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 05/08/2019)
5/8/2019Pro Hac Vice Attorneys Courtland L. Reichman, Sarah O. Jorgensen, Shawna L. Ballard, Jennifer Estremera, Phillip Lee, Michael G. Flanigan, Joachim B. Steinberg, and Jaime F Cardenas-Navia for Cirba IP, Inc. and Cirba Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (amf) (Entered: 05/08/2019)
5/7/2019MOTION for Pro Hac Vice Appearance of Attorney Scott F. Llewellyn - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 05/07/2019)
5/7/2019SO ORDERED, re 26 MOTION for Pro Hac Vice Appearance of Attorney Richard S. J. Hung filed by VMware, Inc., 23 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs and Attorney Christopher J. Wiener filed by VMware, Inc., 8 MOTION for Pro Hac Vice Appearance of Attorney Courtland L. Reichman, Attorney Sarah O. Jorgensen, Attorney Christine E. Lehman, Attorney Shawna L. Ballard, Attorney Jennifer Estremera, Attorney Phillip Lee, Attorney Michael G. Flanigan, Attorney Joachi filed by Cirba Inc., Cirba IP, Inc., 27 MOTION for Pro Hac Vice Appearance of Attorney Jennifer Luh filed by VMware, Inc., 28 MOTION for Pro Hac Vice Appearance of Attorney Bita Rahebi filed by VMware, Inc. Signed by Judge Leonard P. Stark on 5/7/19. (ntl) (Entered: 05/07/2019)
5/6/2019MOTION for Pro Hac Vice Appearance of Attorney Bita Rahebi - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 05/06/2019)
5/6/2019MOTION for Pro Hac Vice Appearance of Attorney Jennifer Luh - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 05/06/2019)
5/6/2019MOTION for Pro Hac Vice Appearance of Attorney Richard S. J. Hung - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 05/06/2019)
5/6/2019REDACTED VERSION of 17 Opening Brief in Support of Motion for Hearing and Expedited Discovery by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019REDACTED VERSION of 15 Declaration of Riyaz Somani by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs and Attorney Christopher J. Wiener - filed by VMware, Inc.. (Wilson, Samantha) (Entered: 05/06/2019)
5/6/2019REDACTED VERSION of 14 Declaration of Andrew Hillier by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019REDACTED VERSION of 12 Opening Brief in Support of Motion for Preliminary Injunction by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019NOTICE of Appearance by Samantha G. Wilson on behalf of VMware, Inc. (Wilson, Samantha) (Entered: 05/06/2019)
5/6/2019NOTICE of Appearance by Anne Shea Gaza on behalf of VMware, Inc. (Gaza, Anne) (Entered: 05/06/2019)
5/6/2019NOTICE of filing the following Non-Paper material(s) in multi media format: Certain Exhibits referenced in the Declarations of Mr. Andrew Hillier and Dr. Vijay Madisetti in support of Plaintiffs' Motion for Preliminary Injunction. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kenneth Laurence Dorsney on behalf of Cirba IP, Inc., Cirba Inc. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019[SEALED] OPENING BRIEF in Support re 16 MOTION for Hearing and Expedited Discovery filed by Cirba IP, Inc., Cirba Inc..Answering Brief/Response due date per Local Rules is 5/20/2019. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019 MOTION for Hearing and Expedited Discovery - filed by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 7.1.1 Certification, # 2 Text of Proposed Order)(Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019[SEALED] DECLARATION re 12 Opening Brief in Support of Plaintiffs' Motion for Preliminary Injunction (executed by Riyaz Somani) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019[SEALED] DECLARATION re 12 Opening Brief in Support of Plaintiffs' Motion for Preliminary Injunction (executed by Andrew Hillier) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019 DECLARATION re 12 Opening Brief in Support of Plaintiffs' Motion for Preliminary Injunction (executed by Dr. Vijay Madisetti) by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019[SEALED] OPENING BRIEF in Support re 11 MOTION for Preliminary Injunction filed by Cirba IP, Inc., Cirba Inc..Answering Brief/Response due date per Local Rules is 5/20/2019. (Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019 MOTION for Preliminary Injunction - filed by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 7.1.1 Certification, # 2 Text of Proposed Order)(Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019 MOTION and [Proposed] Order for Page Limit Extension - filed by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 7.1.1 Certification)(Dorsney, Kenneth) (Entered: 05/06/2019)
5/6/2019 MOTION for Leave to File Under Seal - filed by Cirba IP, Inc., Cirba Inc.. (Attachments: # 1 7.1.1 Certification, # 2 Text of Proposed Order)(Dorsney, Kenneth) (Entered: 05/06/2019)
5/3/2019MOTION for Pro Hac Vice Appearance of Attorney Courtland L. Reichman, Attorney Sarah O. Jorgensen, Attorney Christine E. Lehman, Attorney Shawna L. Ballard, Attorney Jennifer Estremera, Attorney Phillip Lee, Attorney Michael G. Flanigan, Attorney Joachim B. Steinberg, and Attorney Jaime F. Cardenas-Navia - filed by Cirba IP, Inc., Cirba Inc.. (Dorsney, Kenneth) (Entered: 05/03/2019)
5/2/20197MULTI MEDIA DOCUMENT filed by Cirba IP, Inc., Cirba Inc. in the form of a DVD. Filing related to 5 Notice of Filing Multi Media Materials, 1 Complaint. (Media on file in Clerk's Office). (ntl) (Entered: 05/02/2019)
5/1/2019Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 05/01/2019)
4/26/2019 SUMMONS Returned Executed by Cirba Inc., Cirba IP, Inc.. VMware, Inc. served on 4/26/2019, answer due 5/17/2019. (Dorsney, Kenneth) (Entered: 04/26/2019)
4/25/2019Summons Issued with Magistrate Consent Notice attached as to VMware, Inc. on 4/25/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (amf) (Entered: 04/25/2019)
4/25/2019NOTICE of filing the following non-paper material(s) in multi media format: DVD containing videos cited in Plaintiffs' Complaint as Exhibits 31-36, which correspond to Exhibits 1-3, 7, 11, 15, 29, and 30. Original non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kenneth Laurence Dorsney on behalf of Cirba IP, Inc. and Cirba Inc. (amf) (Entered: 04/25/2019)
4/25/2019 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Cirba Inc. for Cirba IP, Inc. - filed by Cirba IP, Inc. and Cirba Inc. (amf) Modified on 4/25/2019 (amf). (Entered: 04/25/2019)
4/25/2019Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,209,687 B2 and 9,654,367 B2. (amf) (Entered: 04/25/2019)
4/25/2019Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) (Entered: 04/25/2019)
4/25/2019COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against VMware, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2627802) - filed by Cirba Inc. and Cirba IP, Inc. (Attachments: # 1 Exhibits 1-36, # 2 Civil Cover Sheet)(amf) Modified on 4/25/2019 (amf). (Entered: 04/25/2019)